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ERLC urges pro-life Hyde Amendment protections for the Affordable Care Act (ACA)

Letter sent to members of Congress

Hyde Amendment protections for the Affordable Care Act

The ERLC joined a letter sent by Susan B. Anthony Pro-life America (SBA) to members of Congress urging pro-life Hyde protections for any extensions of the Affordable Care Act (ACA), also known as Obamacare, subsidies. The ACA was written in such a way that these subsidies are not subject to the Hyde Amendment. This matters to Southern Baptists because these healthcare subsidies are paid for by taxpayer funding, and no taxypayer’s conscience should be violated by being forced to indirectly pay for abortions.

This matters to Southern Baptists because these healthcare subsidies are paid for by taxpayer funding, and no taxypayer’s conscience should be violated by being forced to pay for abortions.

The letter states: 

For over 40 years, the Hyde amendment has protected the unborn by stopping taxpayers from being forced to pay for abortion and for health insurance plans that include coverage of abortion. The enactment of Obamacare in 2010 ruptured that longstanding policy by codifying the largest-ever departure from the Hyde amendment and the largest legislative expansion of abortion since Roe v. Wade. Among other objectionable provisions, Obamacare authorized massive federal subsidies to assist millions of Americans with purchasing health insurance plans that include abortion. Democrats at the time wrote Obamacare intentionally to avoid the Hyde amendment by bypassing the annual appropriations process to which Hyde applies. Instead of stopping funding for health insurance plans that cover elective abortion in a consistent manner with Hyde, Obamacare expressly permits subsidies for health insurance plans that cover elective abortion.

What is the Hyde Amendment?

The Hyde Amendment was established in 1976, three years after the Supreme Court’s decision in Roe v. Wade. Post-Roe, abortion clinics were then able to charge Medicaid for abortions. In 1976, Congressman Henry Hyde, a Republican from Illinois, responded by introducing a budget rider on the Department of Health and Human Services (HHS) appropriations bill to prevent Medicaid from covering the cost of abortion. This funding rider alleviated taxpayers from being financially responsible for something millions found to be a grave moral wrong.

The congressman’s rider was added as an amendment then and later expanded. . This annual appropriations policy became known as the “Hyde Amendment.”

An appropriations rider is not a permanent federal statute. Because Rep. Hyde attached the policy to an annual appropriations bill, it was only applicable for the money appropriated for that year. The Hyde Amendment must therefore be attached to appropriations bills each year to be effective.

Why is now the time to advocate for pro-life protections in the ACA, and why does this matter to Southern Baptists? 

Progress on the annual government funding (appropriations) process in Congress halted in large part by disagreements on soon-to-expire healthcare subsidies available under the ACA. Republicans and Democrats have varied reasons for opposing or affirming the use of these subsidies. The ERLC opposes the use of Obamacare subsidies to fund abortion procedures and “gender transition” services. 

While, technically, taxpayer funding of abortion is illegal under the Hyde Amendment, the statute for the ACA is written in such a way that they are not subject to the Hyde Amendment, which has to be renewed each year. 

Hyde Amendment protections for the Affordable Care Act


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