Tipsheet

Congressional Republicans Continue to Work to Protect Conscience Rights of Healthcare Providers

Earlier this month, as we covered in an exclusive sneak peak, Sen. James Lankford (R-OK) was joined by over a dozen Republican colleagues to reintroduce the Conscience Protection Act. Rep. Jim Banks (R-IN) is now introducing companion legislation in the House. Such a bill would prevent the government from punishing or discriminating against health care entities, including workers and insurance plans, that do not perform abortions. 

"Forcing someone to choose between their career or their conscience is un-American and should be illegal. My bill ensures health care providers that value the sanctity of life will not be punished for their deeply held beliefs," Banks said in a statement for Townhall.

An explainer from Banks' office shared with Townhall describes the bill as follows:

The Conscience Protection Act of 2024 codifies an expanded version of the Weldon Amendment, which has  been attached to annual spending bills since 2004 with bipartisan support. The bill would prevent any federal,  state, or local government from penalizing or discriminating against a health care entity who does not facilitate,  perform, refer, pay, participate, or provide abortion or abortion coverage. Those whose conscience rights are  violated will be provided a civil right of action. 

Changes have been made to the findings and legislative text since it was introduced last Congress. These  changes respond to the actions the Biden administration has taken to rescind and replace the 2019 Conscience  Rule by referencing each of those statutes explicitly. 

As Lankford's office had explained earlier this month, there had been considerable concerns with a proposed rule from the pro-abortion Biden administration, which the senator's office warned "would insufficiently enforce conscience protections for medical professionals." 

The House version of the bill includes 36 cosponsors, including Reps. Alex Mooney (R-WV), Doug LaMalfa (R-CA), Dan Crenshaw (R-TX) Mary Miller (R-IL), Ashley Hinson (R-IA), Robert Aderholt (R-AL), Jack Bergman (R-MI), Don Bacon (R-NE), Tim Burchett (R-TN), Brad Finstad (R-MN), Jeff Duncan (R-SC), Virginia Foxx (R-NC), Paul Gosar (R-AZ), David Kustoff (R-TN), Clay Higgins (R-LA), Debbie Lesko (R-AZ), John Moolenaar (R-MI), Tim Walberg (R-MI), Lance Gooden (R-TX), Kelly Armstrong (R-ND), Randy Weber (R-TX), Randy Feenstra (R-IA), Mike Waltz (R-FL), Adrian Smith (R-NE), Doug Lamborn (R-CO), Blaine Luetkemeyer (R-MO), Barry Loudermilk (R-GA), Scott Fitzgerald (R-WI), William Timmons (R-SC), Bill Posey (R-FL), John Rutherford (R-FL), Greg Pence (R-IN), Daniel Webster (R-FL), Michael Guest (R-MS), Stephanie Bice (R-OK), and Tracey Mann (R-KS). 

The bill also has the support of numerous pro-life groups, with medical and religious groups among them. Such groups include Susan B. Anthony Pro-Life America, AAPLOG Action, US Conference of Catholic Bishops, Ethics and Religious Liberty Commission of the Southern Baptist Convention, Alliance Defending Freedom, National Right to Life Committee, EPPC’s HHS Accountability Project, Heritage Action, CatholicVote, Americans United for Life, Concerned Women of America Legislative Action Committee, Family Policy Alliance, and March for Life.

While the Senate is controlled by pro-abortion Democrats, with Senate Majority Leader Chuck Schumer (D-NY) having pushed for a vote many times now on the Women's Health Protection Act (WHPA), which would actually expand Roe v. Wade, this bill has a better chance in the Republican-controlled House.

The House has so far passed pro-life bills such as a bill which mandates medical care be provided to babies born alive from abortions and another to protect pregnant students on campus. The House's version of the National Defense Authorization Act (NDAA) for fiscal year 2025 also includes pro-life protections, specifically an amendment prohibiting the abortion tourism policy for U.S. servicemembers under the Biden administration. Banks voted in favor of such an amendment and was also one of the cosponsors.