Congress Forced to Face Up to the Pain Experienced by Unborn Children

Last week,  Representative Trent Franks (R.-Ariz.) introduced  legislation in the United States House of Representatives that would ban abortions after twenty weeks of pregnancy. The bill, HR 1797, is based on research establishing that unborn children can feel pain by at least twenty weeks of gestation, and very likely at an earlier age.  As originally introduced, the bill would control abortions within the District of Columbia alone, but based on the evidence of horrific abuses at late term abortion facilities throughout the nation, the bill has been expanded to a nation-wide ban.

Jill Stanek, a preeminent pro-life writer, will be one of the people testifying at tomorrow’s Congressional hearing  in support of the bill. Stanek lends her professional expertise on the bill to protect babies from excruciating pain they feel during abortions. Stanek, formally a registered nurse in the Labor and Delivery Department at Christ Hospital in Oak Lawn, Ill., who exposed the fact that babies who survived abortion at the hospital were left to die without medical care. Read Ms. Stanek’s testimony.

Stanek and her family have faced harassment by the Federal Bureau of Investigation because of their pro-life activities. Life Legal Defense Foundation will continue to work with the Stanek family to ensure that their personal freedoms will not be violated, and that they do not face additional harassment because of Ms. Stanek’s testimony in support of the unborn.

“We are watching these proceedings and any follow up actions closely,” explained Dana Cody, Executive Director of Life Legal Defense Foundation.  “It has been necessary for us to intervene on behalf of Jill and her family in the past. And we stand ready to do so again should she or those close to her be targeted.”

The testimony Stanek wil provided before Congress emphasizes the following facts:

• There is a plethora of evidence countering claims that late term abortions are “rare.”

• The techniques being used to perform abortions are monstrous, as are the techniques used to murder those babies who beat the odds and survive the violent procedures intended to kill them.

• Life-saving prenatal surgery is becoming commonplace, even “mid-pregnancy” and is performed with anesthesia for the preborn babies to ease the pain they experience.

• Premature babies, born at the same age as babies violently aborted, are routinely given pain relief for procedures as simple as pinpricks to the heel.

• Kermit Gosnell’s clinic is illustrative of multiple cases that prove the lines between illegal infanticide and legal feticide have become blurred.

Stanek has testified twice before the Judiciary Constitution Subcommittee of the U.S. House of Representatives and in several state legislatures. Her testimony has been presented in key U.S. Congressional debates on the Partial Birth Abortion Ban and Born Alive Infants Protection Act.

“Jill is an acknowledged expert in the field,” explained Cody, “She has paid a price for that. That price should not extend to governmental interrogation, or the threat of deportation the FBI brought against her son-in-law last year because of the family’s pro-life work. LLDF applauds Jill for her courage in testifying on this important legislation.”

Action Item: Contact your member of congress and urge them to support HR 1797, the Pain-Capable Unborn Child Protection Act.

 

Testimony of Jill L. Stanek, RN HR 1797

Testimony of Jill L. Stanek, RN

HR 1797, Pain-Capable Unborn Child Protection Act

U.S. House Committee on the Judiciary

Subcommittee on the Constitution and Civil Justice

May 23, 2013

When I testified before this committee in 2000 and 2001, it was to tell of my experience as a registered nurse in the Labor and Delivery Department at Christ Hospital in Oak Lawn, Illinois, where I discovered babies were being aborted alive and shelved to die in the department’s soiled utility closet.

Among other familiar faces I see today is Congressman Nadler, who was a member of the committee then. He said he was “appalled” by the incidents I described and found them “heart-wrenching.”

Indeed, I was traumatized and changed forever by my experience of holding a little abortion survivor for 45 minutes until he died, a 21/22-week-old baby who had been aborted because he had Down syndrome.

Since then, other appalling stories of abortion survivors being either abandoned or killed have trickled out.

In 2005, a mother delivered her 23-week-old baby in the toilet at EPOC Clinic in Orlando, Florida, and was shocked to see him move. Abortion staff not only refused to help but turned away paramedics, who her friend had notified by calling 911. Angele could do no more than helplessly sit on the floor rocking and singing to her baby for 11 minutes until he died.

In 2006, Sycloria Williams delivered her 23-week-old baby boy on a recliner at A Gyn Diagnostic Center in Hialeah, Florida. When he began breathing and moving, abortion clinic owner Belkis Gonzalez cut the umbilical cord and zipped him into a biohazard bag, still alive.

The Kermit Gosnell case provides further evidence that the lines between illegal infanticide and legal feticide, both via abortion, have become blurred. This abortionist was convicted only last week of three counts of first-degree murder in the deaths of three born babies whose spinal cords were “snipped.”

Also last week came the revelation and photos from three former employees who allege that abortionist Douglas Karpen in Houston, Texas, routinely kills babies after they are born by puncturing the fontanel (the soft spot at the top of the head), or impaling the stomach with a sharp instrument, twisting the head off, or puncturing the throat with his finger.

It is easy to be horrified by heart-wrenching stories such as these, and to imagine the torture abortion survivors endure as they are being killed.

But it is somehow not so easy for some to envision preborn babies the same age being tortured as they are killed by similar methods.

Today, premature babies are routinely given pain relief who are born at the same age as babies who are torn limb from limb or injected in the heart during abortions. The World Health Organization goes so far as to recommend analgesia for preemies getting simple heel pricks for a couple drops of blood.

Likewise, prenatal surgery is becoming commonplace, and along with it anesthesia for babies being operated on, even in the “middle of pregnancy”. Meanwhile, babies of an identical age are torn apart during abortions with no pain relief.

It must be that some people inexplicably think the uterus provides a firewall against fetal pain, or that babies marked for abortion are somehow numb, while their wanted counterparts aren’t.

This thinking is better suited for the Middle Ages than for modern medicine.

Yet, while NARAL Pro-Choice America eventually expressed neutrality on the Born-Alive Infants Protection Act, which provides legal protection to born babies no matter what their gestational age or circumstance of birth, NARAL opposes legislation protecting babies of the same age from barbaric abortions after the point they are known to feel pain.

Abortion proponents attempt to portray abortionists who commit abortions past 20 weeks as rare.  This is a myth. The National Right to Life Committee analyzed data published in 2008 by the Guttmacher Institute, which is an arm of the abortion industry, and found there were “at least 300 abortion providers who will perform abortions after 20 weeks LMP (last menstrual period),” and that of these, ”at least 140 abortion providers willing to abort pain-capable unborn children at 22 weeks LMP (20 weeks post-fertilization).”

As for the number of late abortions committed in this country, no one knows. There are no standardized nationwide mandatory abortion-reporting requirements, and some of the most liberal jurisdictions, such as California, Maryland, and Washington, D.C., don’t. Beyond that, it is questionable how many late abortionists comply with these requirements, and how much enforcement there is of these laws.

For instance, when the Elkton, Maryland, office of abortionist Stephen Brigham was raided in 2010, investigators found 35 fetuses in his freezer, but there were no medical records documenting 33 of those abortions, much less state reporting.

The Gosnell Grand Jury Report states that from 2000 to 2010 Gosnell reported a total of one second-trimester abortion to the state.  Yet he may have performed thousands during that decade.

No one knows how many abortions are committed after 20 weeks, so it is false for anyone to assert they are “rare.”

It is also a myth that late abortions are mostly committed on babies with handicaps, although being handicapped is certainly no excuse for torture.

Dr. LeRoy Carhart, who commits late abortions at Germantown Reproductive Health Services only 30 miles from here, was just caught on tape by Live Action stating he routinely commits elective abortions at 26 weeks: “Saw four this week,” Carhart quipped to Live Action’s pregnant investigator, also joking that he uses a “pickaxe” and “drill bit” to kill older babies.

Only two blocks from the White House, late-term abortionist Cesare Santangelo told a pregnant Live Action investigator he would kill her healthy 24-week-old preborn baby by snipping the umbilical cord, which is akin to cutting the hose of a scuba diver, causing death by slow asphyxiation.  The website for his Washington Surgi-Clinic openly advertises dilatation and evacuation abortions up to 26 weeks.

Having actually held a little abortion survivor, I cannot imagine standing there in the soiled utility room and tearing him apart to kill him. I expect the thought horrifies all of you as well.

But this is what is done to others like him on a daily basis, their excruciating fate determined simply by geography.

Our nation makes progress when we put an end to senselessly disparate treatment of anyone, and certainly of the most vulnerable in our midst.  It is time we apply this standard to babies on the threshold of life as well.

 

 

 

 

 

Pro-Life Student Fights Discrimination at Her University – and Wins

Living consistently with one’s personal pro-life convictions takes courage, and sometimes comes at significant cost.

Katie, a veteran of the United States Military, returned to school as a surgical technician student at a university in Virginia. She was looking forward to graduation in June 2013; all she had left was completion of her clinical phase of study. Three days into clinicals, she was discharged from the school because she dared to express a personal pro-life conviction.

Before going into their assigned hospitals, surgical technician students were instructed to let hospital staff know if they had a problem with the performance of any surgical procedure. Following these instructions, Katie brought up a personal religious conviction related to a specific medical procedure sometimes used as a method of abortion. This led to a conversation with her on-site instructor regarding accommodation of this belief, and the effect taking such a position might have on potential career options. The instructor expressed her opinion that such a position would render Katie “unemployable.” Katie disagreed since she had already researched several career options that she felt would prevent any conflict with her convictions. After the conversation, Katie had no reason to believe that it would not be possible to fulfill her clinical requirements; and she was not instructed to seek an alternate clinical site.

Two days later, however, Katie’s program supervisor at the university called her in for a meeting and informed her that the hospital would not allow her to continue in the program. The reason given was that she had expressed no desire to seek employment at the hospital following the completion of her training. The “reason” appears to have been cooked up for the occasion since there was never an obligation for students to seek employment at hospitals where they performed clinical studies. Rather than requiring the hospital to abide by its commitments as a provider of practical training, the university expelled Katie without further explanation.

Katie’s attempts to resolve the matter informally were met with no response from school administrators. Katie realized that as more time passed, it became more unlikely that she would be able to complete her course requirements. She was going to lose 15 weeks of study, as well as the time to prepare again for her clinical phase. She also stood to lose her livelihood, because she was going to school on a GI bill that provided financial aid only while she was enrolled in a program of full-time study.

Left without explanation from the school, Katie was upset and unsure what to do. It was at this point that she talked to her mother who had an idea: she sent an inquiry to LLDF asking if there were any way to help her daughter.

LLDF attorneys were able to respond quickly to provide guidance to Katie. They assisted Katie in filing an internal complaint with the university. The complaint pointed out that it was a violation of the school’s own policies, as well as the law, to exercise this type of discrimination. “Based on Katie’s experience, we held out little hope that the internal complaint would ultimately be effective,” states LLDF staff counsel Rebekah Millard, “but we encouraged Katie to try to settle the matter internally if possible. Meantime we were preparing for a legal battle.”

But the complaint succeeded in getting the attention of school officials, and after discussion with Katie, they promised reinstatement in her program, as well as the needed flexibility to complete her clinical studies. “For a time it was touch-and-go as to whether the school would follow through with their commitment, but in the end, they did the right thing,” explains Ms. Millard. After wading through the inevitable red tape, Katie was able to resume her studies and is well on her way to graduation.

“Here at LLDF, we like to say that no case is too small,” comments Dana Cody, Executive Director of LLDF. “Although this ended up to be a small matter, it made a big difference for a courageous student who was willing to stand up for her beliefs. We commend Katie for her courage and for being willing to live her convictions, even when there was a cost.”

 

Protect Rights of Conscience

Imagine that you are a healthcare professional who is convinced that life begins at conception. Imagine that your employer insists that you offer women counseling regarding abortion options and requires you to prescribe contraceptive drugs–whether or not they have an abortifacient effect. Imagine that you are being forced to dishonor your faith or give up your profession and your livelihood. Now stop imagining and realize that this scenario is actually being played out every day in the United States as people are forced to violate their sincere beliefs out of fear of losing their employment and jeopardizing their careers.
Freedom of conscience and religious beliefs lies at the very heart of our Constitution. Yet this core freedom—the ability to hold personal religious beliefs and to live in accordance with those beliefs—is being threatened as never before.
Medical professionals are facing increased pressure to provide abortions, contraceptives and other forms of so-called health care, even when this would violate their consciences. The U.S. Department of Health and Human Services has been tasked with accepting complaints from employees forced to participate in abortion (if their employer is a recipient of specific federal funding). Waiting for action from this federal agency has hardly proved an adequate safeguard of religious freedom.
Ironically, it is this very same Department of Health and Human Services that has eviscerated rights of conscience for so many employers through the Contraceptive Mandate. In the name of “preventative health care,” insurers are required to provide coverage without co-pay for contraceptives, abortifacient drugs, and sterilization. Faced with violating their consciences or paying crippling fines, many employers have filed suit to block application of the mandate. LLDF has been active in these cases, submitting amicus briefs to argue that forced funding of contraceptives, far from promoting women’s health, will have a deleterious impact on women’s health.
The attacks on religious liberty have spurred some in Congress to action. In the House, Representatives Black and Fortenberry have  introduced H.R. 940, the Health Care Conscience Rights Act. The Act would affirm a commitment to religious liberty by amending specific provisions of Obamacare “to protect rights of conscience with regard to requirements for coverage of specific items and services,” and would provide a private right of action for employees who are wrongfully forced to participate in abortion, among other things.
Action Item: For this important bill to pass, more support is needed. Your representative needs to hear how much you value your religious freedom. Contact your Member of Congress and urge him or her to stand up for religious freedom by becoming a co-sponsor of H.R. 940. Post your message in support of religious freedom on your social media page and urge your friends to join you in standing up for our first freedom. (Twitter users: join the Twitter campaign with the hash tags #ConscienceProtection #ReligiousFreedom.)

How to Deed-restrict your Business Property to Prevent it Being Used for Abortion Forever

Jill Stanek reports on her blog on a Livonia, Michigan, pro-life businessman who bought an abortion clinic property earlier this month and then banned it from being sold to an abortionist.

If you own business property, you, too, can deed restrict it so it can never be sold to an abortion business. Dave Theisen at Real Estate for Life outlines the process in 3 steps:

1. Identify the property’s legal address.

2. Prepare the language best suited for the community you are in.* (Example: “No chemical or surgical abortions may be referred from this property or performed on this property [legal address] into perpetuity.”)

3. Incorporate the concepts: This restriction shall run with the land, and the deed restriction is for the benefit of the local community.

*It is important to have the restriction prepared by an attorney to be efficacious and to be in recordable form for the county Register of Deeds. Always consult an attorney, as practices vary from region to region.

Free Speech, San Francisco-Style

The San Francisco Board of Supervisors is considering an ordinance to curb free speech activities outside of – you guessed it – abortion clinics. San Francisco currently has a “bubble zone” ordinance that restricts the free speech activities of pro-life advocates. The new measure would expand this into a “speech-free zone,”  a permanent 25-foot buffer zone around an abortion clinic’s “entrance, exit or driveway.” The ordinance would be enforced through criminal sanctions, including jail time, as well as a private right of action.

LLDF’s Legal Director, Katie Short has written a letter of opposition to the Board of Supervisors, urging them to reject this repressive ordinance. The letter, set out in full below, focuses on the constitutional infirmities from which this measure suffers.

 

thumbnail of letter

Pro-Life Advocates Unconstitutionally Prohibited from Offering Help to Women

Life Legal Defense Foundation Asks Supreme Court to Strike Down Discriminatory Massachusetts Ruling

This week Life Legal Defense Foundation is urging the United States Supreme Court to review a First Circuit decision which severely limits free speech of pro-life advocates. In McCullen v. Coakley, seven Massachusetts residents who engaged in pro-life counseling outside of abortion clinics sued the state for violation of their right to free speech through enactment of a “buffer zone” law. The statute created a thirty-five-foot fixed buffer zone around driveways and entrances of abortion clinics. The law prohibits everyone—except clinic patients or employees—from “entering or remaining” in the zone. The lower court upheld the buffer zone despite its prejudicial intent and application. Life Legal Defense Foundation has filed an amici curiae (friends of the court) brief arguing that this buffer zone is unconstitutional.

“This is clearly a case of viewpoint discrimination,” stated Dana Cody, Executive Director of Life Legal Defense Foundation. “Activists who make disturbances at military funerals, animal rights protests, and ‘occupy’ demonstrations are not bound by the sort of restrictions applied to peaceful pro-life witnesses who invite women to learn about abortion alternatives,” Cody explained, “It’s a true double standard and an unbelievable violation of First Amendment rights.”

Adding insult to injury, the First Circuit justified singling out pro-life speech for disfavored treatment by analogizing it to sexually oriented businesses. Just as “adult” bookstores and theatres have harmful “secondary effects” that allow cities to impose special zoning restrictions, so too, according to the First Circuit, pro-life sidewalk counseling and picketing have harmful “secondary effects” that governments can mitigate by imposing buffer zones and other restrictions. In fact, what governments most fear about pro-life speech is not any “secondary effect.”  It is that women heading into clinics are hearing the truth about abortion.

Life Legal Defense Foundation frequently defends the civil rights of pro-life advocates. The majority of the time, due to these efforts, the discriminatory charges are dismissed, the discriminatory application of the law is set right, and the pro-life advocates’ rights are vindicated. One such case is that of Rev. Walter Hoye, who joins Life Legal Defense Foundation on the brief. Pastor Hoye was convicted of violating Oakland, California’s “bubble zone” ordinance, though no patient or person seeking access to the clinic complained of his conduct. After Hoye served 30 days in jail and paid a large fine, his conviction was overturned as a result of Life Legal Defense Foundation’s efforts.

Read Life Legal Defense Foundation and Walther B. Hoye II’s Amici Curiae brief filed in the Supreme Court of the United States.

Gosnell Abortion Clinic Murder Trial: Life Legal Defense Foundation has Pursued His Type Before

Legal abortion is not safe. The Kermit Gosnell trial is not a unique situation. In fact, the Gosnell case explains why abortion clinics go to such great lengths to keep life advocates away from public property surrounding their facilities.

LLDF experienced this first-hand while fighting for the free speech rights of pro-life advocates in Birmingham, Alabama. The New Woman, All Women abortion clinic was able to keep life advocates off the public sidewalk surrounding clinic facilities for years, until LLDF got involved. LLDF worked with local sidewalk counselors to draw attention to an out-of-date, unconstitutional regulation that was being enforced by local police at the behest of clinic management.

LLDF obtained an injunction that allowed life advocates to remain on the sidewalk surrounding the clinic to counsel women before they enter. This led to sidewalk counselors spotting ambulances picking up injured women from the back alley of the clinic. Ultimately, this resulted in an inspection of the clinic by the Alabama Department of Public Health. Over 75 health code violations were reported: the clinic’s license to provide abortions was revoked. Despite a consent order, it was recently discovered that NWAW was still in operation. We are now fighting again to get it closed.

To continue these efforts, LLDF has signed the following letter to draw attention to the Kermit Gosnell trial. This will expose the abortion industry for what it really is, a for-profit industry with total disregard for the lives of the unborn as well as their mothers. Abortion may be legal but it is not safe.

See the Grand Jury report.

Exploitation in the Making?

California Considers Bill that Would Allow Researchers to Pay Women for Harvesting Their Eggs

Assemblywoman Susan Bonilla (D-Concord) has introduced a bill, AB 926, that would remove the prohibition on paying women to donate their eggs for research purposes. Certain types of Human Embryonic Stem Cell Research require large numbers of oocytes  which are used to create embryos that are later destroyed in the research process. Somatic Cell Nuclear Transfer (Human Cloning) is one type of research that will require numerous human eggs. (For further reading, see this piece from the Center for Bioethics and Culture.)

Currently, women who donate their eggs for reproductive purposes may receive compensation for the time and inconvenience associated with the process (note that this is inconvenience can turn into serious health risks). However, by allowing payment for research-destined egg donation, an entire new industry is created, one that will likely have an disparate adverse impact on low-income women.

“We’re talking about offering women thousands of dollars, ” comments Dana Cody, President and Executive Director of Life Legal Defense Foundation. “Understandably, this would appeal to a lot of women, especially in these economic times. But these women will undergo invasive medical procedures with significant health risks, and for what? To have their eggs harvested for use in research that destroys nascent human life.” Cody concludes: “This bill does not respect life, and it does not respect women.”

Action Item: AB 926 is currently before the California Assembly Appropriations Committee. Call or email members of the committee and urge them to oppose this harmful legislation. View LLDF’s letter of opposition.


Friend of LLDF Wesley Smith has written a post in National Review on AB926

California Considers Expanding Non-Physician Abortion

Update: LLDF has sent a letter to the California Assembly Health Committee voicing opposition to AB 154, and has also prepared a factsheet detailing reasons for opposing this harmful legislation. AB 154 is scheduled for a hearing in the Assembly Health Committee on April 23. Before that date, it is essential that members of the committee hear from you. Call or email the members of this committee and urge them to oppose this harmful legislation.


On April 9, 2013, by a vote of 9-4, the California Assembly Committee on Business, Professions and Consumer Protection approved a bill to expand non-physician abortion in the state.

AB 154 would allow nurse practitioners, nurse midwives, and physician assistants to perform aspiration abortions after completingon a training course. The training is based on protocols developed in the Health Workforce Pilot Project, HWPP No. 171, under which a specific number of non-physicians were trained for abortion. Under AB 154, the training would be expanded to become a regular channel for producing additional abortionists.

Proponents of the bill claim that this is necessary to expand access to abortions, but are apparently undeterred by the very real possibility of decreasing the quality of care for patients.

Under the Pilot Project, HWPP No. 171 (the precursor to this bill), reports indicated an increased risk to women. In December 2011, an 80% increase in complications was reported when non-physicians performed surgical abortions. These complications included “incomplete abortion, failed abortion, hemorrhage/excessive bleeding, hematometra, infection, cervical injury, and uterine perforation. The non-physicians had a reported 141 total complications for women while the Physicians had 78 complications. There is nothing in AB 154 to remedy this increased risk of danger for women undergoing abortions by less-than-qualified medical professionals.

“AB 154 is based on flawed and incomplete research and will increase danger to women. It is horrific enough that unborn children are dying in abortion clinics everyday – now women’s lives are put at further risk,” comments Dana Cody, President and Executive Director of LLDF. “My prediction is that this type of ‘training to perform abortion’ will ultimately become a mandate under Obamacare. God have mercy on our nation.”

Bolstering the arguments in favor of the bill, a recent American Journal of Public Health article gives a glowing report on the Pilot Project, concluding that there is not a significant difference in clinical complications between physician and non-physician abortions. However, the paper fails to take into consideration the difference between a controlled environment an and an uncontrolled environment in healthcare. In the Pilot Project, a physician oversaw all the abortions and screened patients for contraindications. If AB 154 becomes law, that cautionary step will be done away with, and patients will be deprived of the care they deserve. “California sees far too many unqualified physicians performing abortions in sub-standard clinical environments,” Cody points out. “Expand that to non-physicians practicing without effective physician oversight, and it is not a pretty picture.”

Action Item: AB 154 has been sent to the Committee on Health. If you are a California resident, contact your member of the California Assembly and members of the Committee on Health and urge them to oppose this harmful legislation.

 

Why Abortion Practices are in need of Reform and Regulation