Congresswoman Laura Richardson Rises in Opposition to H.R. 3541, the Prenatal Nondiscrimination Act of 2011

Mr. Speaker, I rise today in opposition to H.R. 3541, the Prenatal Nondiscrimination Act of 2011. I stand with the more than 200 leading organizations that oppose this bill as an unwanted and punitive burden on American women. I stand with those who are focused on women's empowerment and the protection of their civil liberties.

This bill is a misguided proposal that would put additional barriers between women and their healthcare providers rather than seriously tackling gender discrimination. It is an unworkable bill designed with a purely political agenda that will have a damaging effect on women's health and autonomy.

This legislation imposes criminal penalties on healthcare providers who perform certain abortions and requires them to report suspicions of sex-selective abortion. The bill lacks clear definitions and is so dangerously vague that it will force all healthcare providers to stop offering these services due to fear of jail time and civil damages claims. For instance, prosecutors could use shaky circumstantial evidence to suggest gender bias, including routine ultrasounds or profiling based on race or culture.

There rarely exists evidence strong enough to conclude that an abortion is motivated by the sex or any other singular factor. The World Health Organization has analyzed similar laws around the world that criminalize sex-selective abortions but has found that it is nearly impossible to prosecute such cases. The United Nations has argued that the most effective way to fight a pervasive preference for sons is to instead dedicate ourselves to ending economic and social inequalities. By passing H.R. 3541, we would stand at odds with the international community.

As a representative of the 37th District of California, I am particularly concerned that this bill will unfairly subject Asian American women to additional scrutiny and racial profiling. It is unclear to what extent sex-selection abortions exist in the United States; however, the law specifically targets women of Asian descent and places them under a cloud of suspicion. Minority communities already face difficulties in accessing healthcare, and this bill will cause further marginalization.

We should be uniting around healthcare reform, not legislation that erodes trust on both sides of the patient-doctor relationship. Honest dialogue between women and medical professionals is critical in ensuring safe and appropriate care, and I cannot vote for any bill that does not protect open communication. Medical practices are already governed by strict codes of conduct and regulations. This bill simply adds unnecessary government interference. It puts physicians at risk for criminal penalties while doing absolutely nothing to address root causes of gender biases and inequalities.

There are many proven investments that support women and girls and help them to lead safe and healthy lives. Those include policies that promote equal pay and employment, access to healthcare, and protection from gender-based violence. Nevertheless, in the 112th Congress, House Republicans have voted in favor of reducing protections against gender-based violence and limiting access to reproductive healthcare and birth control.

H.R. 3541 continues this pattern of perpetuating gender inequalities by allowing the state to scrutinize the private decisions made by women and their doctors, notwithstanding the recent lip service being paid to gender discrimination. Additionally, this legislation will have no effect on the rates of abortions and unwanted pregnancies as long as the House Republican majority continues its unbroken and disturbing record of cutting public funding for sex education, family planning, and maternal health services.

Mr. Speaker, the sponsors of H.R. 3541 are continuing to attack the rights of women, albeit now under the disguise of gender equality. I urge my colleagues to see the hypocrisy of this bill and to join me in voting against this legislation.