December 9, 2009

Honorable Richard N. Gottfried
Chair, Assembly Committee on Health
822 LOB
Albany, New York 12248

Re:          An Act to amend the public health law, in relation to enacting the  woman’s right to know act; to repeal title 3 of article 25 of such law relating to the control of midwifery; and providing for the repeal of certain provisions upon expiration thereof A2726 (Rabbitt, Kolb, Crouch, Finch)

Dear Assemblyman Gottfried:

The Women’s Bar Association of the State of New York (“WBASNY”) writes this letter to urge the Assembly Committee on Health to oppose the above-referenced bill, which would amend the State’s Public Health Law by enacting the Woman’s Right to Know Act. 

The bill would require that women seeking an abortion be provided with detailed written and video information prior to having an abortion to protect a fetus from a woman’s uniformed decision to have an abortion.  The Women’s Right to Know Act provides for a self-imposed level of “informed” consent prior to performing an abortion, except in cases of a medical emergency.  The law, if enacted, makes it a Class A misdemeanor with civil and professional penalties, including professional disciplinary action, for a person who violates the law.

WBASNY opposes the above referenced measure, as a bill that encroaches on a woman’s right to reproductive self determination.  The bill is designed to limit a woman’s federally protected right to choose to have an abortion, by alleging that it is essential to the psychological and physical well being of a woman considering an abortion that she receive complete information on her alternatives.  Complete information, as defined by the bill, includes watching sonograms of the fetus and other videos and information regarding gestational growth.  The bill also requires a waiting period for an abortion.

Contradicting current law defining a fetus, this bill defines an “unborn child” as offspring of human beings from date of conception until birth directly.  Additionally the bill aims to be coercive to those with limited finances by providing a free private room, an interpreter and a free abortion, if the woman waits twenty-four hours to have the abortion.  The woman is encouraged to view an ultrasound image of her fetus and must also watch a video of a fetus at various gestational stages and the affect the abortion would have on the fetus at these various stages.  The bill is strongly motivated by ideology that is anti-choice and aimed to deter women from choosing to have an abortion.

Currently, there is no other procedure known to us which requires such waiting period and videos.  The only justification offered for these requirements are the psychological and emotional well being of women, which is not only patronizing but unfounded by science.  Accordingly, WBASNY believes that the Women’s Right To Know Act bill should not be enacted. 

WBASNY, with over 3,800 members, is the largest statewide bar association dedicated to promoting the advancement of women in the legal profession and in general.  Because our mission commits us to improving the status of all women in society, WBASNY addresses complex legal issues as we advocate for change for women and children throughout the state and promote the fair and equal administration of justice.

Respectfully submitted,


Cynthia Schrock Seeley
President, WBASNY

cc:          Hon. Annie Rabbitt, Bill Sponsor
              Hon. Brian M. Kolb, Bill Sponsor
              Hon Clifford W. Crouch, Bill Sponsor
              Hon. Gary D. Finch, Bill Sponsor 
              Distinguished Members of the Assembly Committee on Health