SR0047 96TH GENERAL ASSEMBLY

SR0047 LRB096 04583 RLC 14638 r

SENATE RESOLUTION

WHEREAS, The federal "Freedom of Choice Act" would invalidate any "statute, ordinance, regulation, administrative order, decision, policy, practice, or other action" of any federal, state, or local government or governmental official (or any person acting under government authority) that would "deny or interfere with a woman's right to choose" abortion, or that would "discriminate against the exercise of the right ... in the regulation or provision of benefits, facilities, services, or information"; and

WHEREAS, The federal "Freedom of Choice Act" would nullify any federal or state law "enacted, adopted, or implemented before, on, or after the date of (its) enactment" and would effectively prevent the State of Illinois from enacting similar protective measures in the future; and

WHEREAS, The federal "Freedom of Choice Act" would invalidate more than 550 federal and state abortion-related laws, laws supported by the majority of the American public; and

WHEREAS, The federal "Freedom of Choice Act" would specifically invalidate the following common-sense, protective laws and rules properly enacted by the State of Illinois:

(1) born alive infant protection (5 ILCS 70/1.36);

(2) ambulatory surgical treatment center regulation (210 ILCS 5/Act) and 77 Ill. Adm. Code 205.330, 205.540 (codifying consent decree);

(3) prohibitions on abortion counseling and referral by recipients of State funds (410 ILCS 230/4-100) and 77 Ill. Admin. Code 655.10;

(4) limitations on use of State funds to purchase insurance coverage for abortions (5 ILCS 375/6.1);

(5) requiring only a licensed physician to perform an abortion (720 ILCS 510/3.1);

(6) Health Care Right of Conscience Act (745 ILCS 70/Act); and

(7) abortion reporting (77 Ill. Adm. Code 505.20 through 505.50); and

WHEREAS, The federal "Freedom of Choice Act" will not make abortion safe or rare, but will instead actively promote and subsidize abortion with state and federal tax dollars and do nothing to ensure its safety; and

WHEREAS, The federal "Freedom of Choice Act" will protect and promote the abortion industry, sacrifice women and their health to a radical political ideology of unregulated abortion- on-demand, and silence the voices of everyday Americans who want to engage in a meaningful public discussion and debate over the availability, safety, and even desirability of abortion; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Senate strongly opposes the federal "Freedom of Choice Act" and urges the United States Congress to summarily reject it; and be it further

RESOLVED, That the Senate strongly opposes the federal "Freedom of Choice Act" because it seeks to circumvent the states' general legislative authority as guaranteed by the 10th Amendment to the United States Constitution; and be it further

RESOLVED, That the Senate strongly opposes the federal "Freedom of Choice Act" because it seeks to undermine the right and responsibility of the states and the people to debate, vote on, and determine abortion policy; and be it further

RESOLVED, That the Senate strongly opposes the federal "Freedom of Choice Act" because the protection of women's health through state regulations on abortion is a compelling state interest that should not be nullified by Congress; and be it further

RESOLVED, That the Senate strongly opposes the federal "Freedom of Choice Act" because its enactment would nullify 7 laws in the state of Illinois, laws that the legislature and the people of Illinois strongly support; and be it further

RESOLVED, That suitable copies of this resolution be transmitted to the Governor, the President of the United States, the President and President pro tempore of the Senate, and the U.S. Speaker of the House of Representatives, and each member of the Illinois Congressional Delegation.