Maryland Right to Life, Inc.

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Help MDRTL stop the Obama abortion agenda

“The first thing I'd do as president is sign the Freedom of Choice Act. That's the first thing that I'd do.”


— Sen. Barack Obama, speaking to the
Planned Parenthood Action Fund, July 17, 2007

What exactly is "The Freedom of Choice Act" (FOCA)?
The Freedom of Choice Act refers to legislation proposed in Congress to prohibit “interference with reproductive health.” In essence, it would eliminate any state laws that restrict or limit the “right to abortion” in any way. A version of the bill was originally introduced in 2004, but a concerted effort by pro-lifers across the country stopped it from becoming law. In 2007, FOCA was again introduced, sponsored by Sen. Barack Obama.

To download the actual text of the Senate version
of FOCA introduced in the 110th Congress, click here.


Is FOCA the biggest threat to the unborn today?

Sadly, no. An outpouring of opposition to the Freedom of Choice Act after the election of Barack Obama has made it clear to Congress that FOCA is an extremely unpopular piece of legislation.

The pro-life community has made its voice heard! But that does not mean that we have won the fight. Congress is not likely to re-introduce the Freedom of Choice Act anytime soon — they know how strongly it will be opposed by grassroots pro-lifers. Instead, we expect to see Congress and the Administration enact the tenets of FOCA piecemeal. In this way, the radical pro-abortion agenda actuallmay be accomplished without actually passing the Freedom of Choice Act.

The president has already started dismantling the gains made by the prolife movement. One of his first acts as president was to restore funding to overseas groups that perform or refer for abortion. This opens the way for U.S. tax dollars to be spent to advance abortion in other countries — including countries that currently have laws protecting the unborn and countries with a culture that is strongly opposed to abortion.

Next, he took action to reverse regulations put forth by President Bush in the final weeks of his presidency to strengthen existing laws protecting the freedom of conscience of medical providers and religious health care institutions.

Pro-life observers are concerned that next we will see an attempt to overturn the Hyde Amendment, which limits the use of federal funds to pay for abortions.

A brief history of abortion in America

In 1973, the U.S. Supreme Court, in its Roe v. Wade decision, legalized abortion in the first six months of pregnancy for any reason, and in the last three months of pregnancy if the abortion is needed to protect the mother's “health.”

Health” was defined in a companion case, Doe v. Bolton, as including “all factors—physical, emotional, psychological, familial, and the woman's age—relevant to the well-being of the patient.

This decision essentially legalized abortion-on-demand for the full nine months of pregnancy. Subsequent Supreme Court decisions further entrenched the concept that women have a right to unrestricted abortion for any reason at all.

In 2003, Congress passed the Partial-Birth Abortion Ban Act, which prohibited an abortion procedure where an abortionist partially delivers a living baby is in the breech position and then kills the baby before completing the delivery. Pro-abortion proponents obtained an injunction as soon as the bill was signed to prevent it from taking effect. After a lengthy court battle, the Supreme Court, in a decision called Gonzales v. Carhart, upheld the constitutionality of the Partial-Birth Abortion Ban Act. 

In addition, reasonable bipartisan legislation in many states has been passed to slightly curb the riptide of devastation. For instance, some states have:

  • imposed effective parental notification laws to involve a parent when a minor seeks an abortion;
  • required that a woman seeking an abortion receive information on the stage of development of her unborn child and the risks associated with the procedure;
  • regulated abortion facilities, just as any other medical facility;
  • limited taxpayer funding of abortion;
  • protected medical personnel and religious institutions from being forced to participate in abortion if it conflicts with their faith or moral principles;
  • required that abortionists be licensed physicians;
  • provided funding for government programs and facilities that promote healthy childbirth without subsidizing abortion.

FOCA and the radical abortion agenda

Abortion proponents claim that they simply want to “codify Roe v. Wade.” In reality, however, they are seeking to go even beyond Roe. Ultimately, they want to wnshrine the unrestricted right to abortion in federal law. 

The real aim of the abortion lobby is to reverse the Partial-Birth Abortion Ban and to undo all state limitations on abortion.

Under FOCA, no governmental body at any level would be able to “deny or interfere with a woman's right to choose” abortion, or “discriminate against the exercise of” the right “in the regulation or provision of benefits, facilities, services, or information.”

In other words, FOCA would strike down all restrictions on abortion—including the partial-birth abortion ban.

The Freedom of Choce Act is the most extreme abortion bill in the history of the U.S. No other piece of legislation would have such a destructive impact on society's ability to protect its smallest and most vulnerable citizens from death, and their vulnerable mothers from exploitation by the powerful, profit-driven abortion industry.

Maryland Right to Life, in union with the National Right to Life Committee and other pro-life organizations , is working to stop FOCA and the radical abortion agenda. Please help us!

Download an analysis of FOCA prepared by the
U.S. Conference of Catholic Bishiops

Read an article about FOCA written by an attorney
from the Alliance Defense Fund

Read an analysis of FOCA prepared by the National Right to Life Committee


What you can do to help stop the radical abortion agenda

  1. Join Maryland Right to Life. If you have not already done so, please send a membership donation today. This will ensure that you stay informed and will join your voice to ours as we speak out against FOCA.
  2. Sign the “Stop the Abortion Agenda” Petition on this page. The petition will be used to inform legislators of your opposition to the radical abortion agenda.
  3. Send MDRTL your e-mail address, so we can send you timely action alerts as abortion-related bills make their way through Congress or the Maryland General Assembly.
  4. Contact your federal legislators and tell them you oppose the radical abortion agenda.
  5. Let President Barack Obama know of your opposition to abortion and urge him to represent all American citizens, unborn and unborn. Please be brief, polite, and charitable.

Sign the Petition!

I oppose the Freedom of Choice Act and all legislative attempts to eliminate state laws restricting abortion and enshrine unrestricted abortion-on-demand in federal law.

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