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Think The Stupak Amendment Is Bad Now? It Could Have Been Worse

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Rep. Bart Stupak (D-MI)

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Rep. Bart Stupak (D-MI) sits on the House Energy and Commerce Committee, which voted way back in July to advance health care legislation to the House floor. At the time, the legislation stipulated that no federal funds authorized by the bill would be used to pay for abortions, except in cases of incest, risk to the life of the mother, and rape. And at the time, that was good enough.

But even back then, Stupak was trying to strengthen the language in the bill restricting the availability of abortion services under the House health care plan.

A day before the bill passed out of committee, Stupak co-sponsored, and voted for an amendment written by Rep. Joe Pitts (R-PA)--distinct from the now notorious "Stupak amendment"--that would have limited the government's ability to include abortions in benefits plans to cases of incest, life of the mother, and forcible rape.

The Pitts amendment actually passed, 31-27, with the support of several Democrats and all Republicans. But the "forcible" language--legally significant--was a bridge too far.

In a parliamentary maneuver, chairman Henry Waxman actually voted "aye", according to a House aide, in order to retain the prerogative of bringing it up for a second, unsuccessful vote. Between votes, Waxman conferred with some of the bill's Democratic supporters to convince them to help shoot it down.

One of them, Rep. Bart Gordon (D-TN), agreed to flip his vote. Another--Rep. Zack Space (D-IN)--didn't vote at all the first time around, but voted against it on its second pass. And that was enough to kill it.

This past weekend, Stupak succeeded in adding his own, strict abortion language to the bill passed by the full House. Without distinguishing between "rape" and "forcible rape," the "Stupak amendment" prevents women receiving insurance affordability credits from buying policies that cover abortion. And it has quickly become one of the main focal points of the reform fight.

There are some signs that Stupak's pro-life tendencies run even deeper than his amendment indicates. But he's also shown a willingness to advance legislation, even if it isn't as pro-life as he'd like.

Stupak's office has not respond to a request for an interview.

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November 11, 2009 3:00 PM   

"Stupak amendment"--that would have limited the government's ability to include abortions in benefits plans to cases of incest, life of the mother, and forcible rape.

Forcible rape? All this time I thought it was redundant to call it that way. Deplorable.

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November 11, 2009 4:45 PM    in reply to kash79

Statutory rape is not forced.

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November 11, 2009 3:03 PM   

By the way can any of these jerks educate me on what is unforcible rape?

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November 11, 2009 3:31 PM    in reply to kash79

Statutory rape.

As in when an under-aged girl consents to sex with a male who is older than her by more than the "X" number of years legally allowed in that particular state.

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November 12, 2009 9:41 AM    in reply to kash79

As opposed to raping someone who, for whatever reason, is deemed not legally capable of giving consent, even if they obstensibly do so. Self-inflicted drugs or alcohol impairment, mental disability, under age of consent, etc.

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November 11, 2009 3:04 PM   

As opposed to all those consensual rapes????

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November 11, 2009 3:10 PM   

Rape? That must be the Senate compromise.

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November 11, 2009 3:11 PM   

Was Stupak suggesting that date-rape, marital rape, impaired consent and coerced consent wouldn't be "forcible" enough for his standards?

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November 11, 2009 3:16 PM   

forcible rape is a legal term.

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November 11, 2009 3:17 PM    in reply to Indie Pro

statutory rape would be another kind of rape

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November 11, 2009 3:16 PM   

I think the "forcible" distinction might relate to statutory rape and/or situations in which a woman is legally raped but not by force. That is, consent is either never given or withdrawn during the act, but the act continues. Even if no force was used, that's still rape. Moreover, instances in which the woman is unable to offer consent due to a state of impairment (intoxicated, voluntarily or otherwise) might be deemed rape but not forcible rape.

I might be way off with my interpretation here, but I think the distinction plays on both the she-asked-for-it school of thought and a backlash against a perceived expansion of the definition of rape that puts an undue burden on men.

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November 11, 2009 3:44 PM    in reply to hexonxonx

On a tangent....

"That is, consent is either never given or withdrawn during the act, but the act continues. Even if no force was used, that's still rape."

Are you sure that is the way the law looks at it with a woman of sound mind and body and of sufficient age? I thought she had to say "no" (withdraw consent) in order for it to be rape. Thus, I thought arrival at a finding of rape requires the law to find that the withdrawal of consent was ignored, that the consent was coerced, or that the woman or man (technically men can be raped also) somehow lacked the capacity to give consent.

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AJM

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November 11, 2009 3:35 PM   

If he drugged you, you can't get an abortion because it wasn't forcible?

If you are 14 and he's 36, and you didn't struggle?

So why is this the government's business -- give me all the personal details and I'll tell you whether you deserve to have an abortion or not?

It's not the government's business.

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November 11, 2009 3:46 PM    in reply to AJM

That's why I'm not overly enthusiastic about electronic medical records. I understand why they're needed but I have zero confidence that they won't be abused.

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November 11, 2009 4:51 PM    in reply to bluebell

I, to the contrary, have full confidence that they will be abused.

That database would just be too tempting a target for those who are convinced that they know whats best. A characteristic that I'm willing to stipulate knows no political party.

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November 11, 2009 3:48 PM    in reply to AJM

The problem is that it becomes the government's business if we ask them to pay for it.

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AJM

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November 11, 2009 6:46 PM    in reply to Darrius

Oh, really? So if the government is paying for your wife's health care and she is pregnant with a Down's Syndrome fetus, the government can require her to have an abortion because of the burden that child would impose on society?

There are some decision which are no business of the government and whether to bear a child is one of those -- whichever way the woman involved decides.

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November 11, 2009 3:52 PM   

further proof of the catastrophic bungling by Hoyer and Clyburn.

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November 11, 2009 3:55 PM   

Most Health Insurance policies will cover the cost of a vasectomy. Shouldn't this also be removed from all health insurance policies by federal law - the same way the Stupak amendment does for abortions? Why is a woman forced to have a baby, and yet men still aren't being forced to impregnate the women they have sex with? In the Roman Catholic Church, it is as sinful for a man to snuff out a potential life as it is for a woman to snuff it out. So why hasn't the Catholic Church pushed as hard for a vasectomy amendment? Is it because the church is run by men who often have illicit affairs with women (and little boys)?

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November 11, 2009 4:24 PM    in reply to rstephen

I would also deny coverage for men's STDs since this is invariably the result of unmarried sexual activity. Chlamydia is clearly one of God's creations and should be allowed to live.

This might help reduce the amount of prostitution used by the C street gang (Ensign, Vitter, etc.)

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November 12, 2009 9:58 AM    in reply to rstephen

False analogy. Birth control and voluntary sterilization is (so far, at least) still covered.

But not a false analogy to the extent that the Catholic Church and, increasingly, the Dominionist protestants, very clearly do not see any distinction between birth control and abortion. Many of them, and many hard right politicians not visably connected to the religious right, are astonishingly open about wanting to take down not just abortion rights, but the entire "zone of privacy" doctrine created in Griswald v. Connecticut.

Whatever queasiness I may feel about abortion personally, and I most definitely do have moral qualms, as a political and legal matter, I support abortion rights because of the slippery slope down to theocratic tyranny that these people openly espouse and suppport.

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November 11, 2009 4:56 PM   

“It's very telling that with all this talk about how pro-choice women can't be stubborn about their little needs, there is nobody out there complaining that Stupak and his crowd are making the Perfect the Enemy of the Good. He and the other "pro-life" Democrats are commonly and without criticism portrayed as voting for their principles, as if they have no choice in the matter. (Indeed, the whole argument over funding is defined by the fact that "pro-life" advocates apparently cannot be forced to pay taxes for something that goes against their principles.

Apparently some principles are just more important than others.” – Digby

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November 11, 2009 6:28 PM    in reply to RhodaA

I think Digby has run into Chris Matthews.

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November 11, 2009 5:06 PM   

Well I guess using taxpayer dollars to abort future citizens is one way to not have to pay for their health care. Very efficient
Paul
http://healthjournalclub.blogspot.com/

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November 11, 2009 5:40 PM   

Let's not forget that just a couple of months ago, the Catholic Church in Brazil tried - very loudly and publicly - to prevent an abortion from being performed on a 9-year-old girl who had become pregnant after being raped by her father since the age of six. Needless to say, had she actually given birth at that age, it would have certainly caused her serious injury and likely killed her as well. The church's response afterward was to excommunicate all the doctors involved, but NOT the father, because of course he had confessed and been forgiven.

That's the kind of mentality we're dealing with here.

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November 11, 2009 5:46 PM   

Stupak is an embarrassment to the Democratic party and the state of Michigan. How a neanderthal like this can wield such power is beyond me, but I suppose it is a tribute to the moral stupidity of large parts of the electorate.

We get the 'leaders' we deserve.

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November 11, 2009 10:46 PM   

Zack Space is from Ohio, not Indiana.

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November 12, 2009 10:04 AM   

I have no problem with someone being "pro-life" but how abou you don't push that shit on me just like I don't push my pro-choice policies on you, asshole. This is one policy where the status quo is just fine.

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November 13, 2009 6:18 PM   

Can someone explain to me why it is that those who scream at the top[ of their lungs "Keep the government out of my life" are the first to tell a woman when she can get an abortion? If they truly believed what they preached then they would be the first ones to protect a womans right to choose. If you have a moral objection to getting an abortion, then don't get one. But you have no right to tell others what they can and can not do based on your religious ideology. Practice what you preach!

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