Pennsylvania

May 10, 2013

PA’s Dueling Marriage Equality and Gay Marriage Ban Bills

Logo of Freedomt to Marry, Inc.

“working to win the freedom to marry in more states, grow the national majority for marriage, and end federal marriage discrimination. ” http://www.freedomtomarry.org/pages/about-us

On April 15, Pennsylvania State Representative Mark Cohen (D-102 Philadelphia) introduced legislation (HB 1178) that would legalize civil unions and extend all state laws applicable to marriage to any civil union created anywhere and to any marriage performed and recognized outside of the state.  Less than one month later, on May 7, Pennsylvania State Representative Daryl Metcalfe (R-12 Butler County) introduced his legislation (HB 1349) to create a constitutional amendment defining marriage OR its “substantial equivalent” solely as a union between a man and a woman.

So we once again have a legislative dual going on in Pennsylvania between those that believe in equality for all and those that want to enshrine discrimination into the state Constitution.

Side 1: For Equality

What does Cohen’s bill do?  Very simply, it takes us on the path toward equality for lesbian and gays.  As Rep. Cohen says,

 “This bill would define a civil union as a union between two members of the same sex.  It would make all state laws applicable to marriage also applicable to a civil union.  The bill would also provide for reciprocity of civil unions performed legally in other states and the recognition of same sex marriage in other states as civil unions in Pennsylvania.”

Civil unions represent the middle-of-the-road compromise position between constitutionally banning and permitting gay marriages and have been embraced by both advocates for LGBT rights and a growing number of conservatives.

Nothing in this bill would require any religion or any clergyman to perform any ceremony uniting people in a civil union.  This legislation will merely offer committed gay couples the same legal rights that are bestowed upon married people without the status of marriage.”

I would prefer full marriage equality.  Just like all gay and straight couples in 10 states (plus Minnesota and Delaware if their legislatures pass their marriage equality bills as expected) already have.  And  just like the majority of people in Pennsylvania desire.

In a poll released on May 8 by Franklin and Marshal University, 54% of Pennsylvanians “generally” support while 41% “generally” oppose legalizing same-sex marriage.  In that same poll, 65% support passage of a state law that would allow same-sex couples to legally form civil unions that give them some, if not all, of the marriage rights given to heterosexual couples who marry.

This bill is a compromise.  It currently has 28 cosponsors and was referred to the House Judiciary Committee when it was introduced on April 15.

Side 2: For Discrimination

Meanwhile, Daryl Metcalfe has seen fit to once again try to enshrine discrimination into the state constitution.  It is a one-sentence amendment that has severe ramifications.  Here’s the constitutional amendment as written in HB 1349:

“Marriage is the legal union of only one man and one woman as husband and wife and no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

Metcalfe justifies this discrimination by invoking partisan politics, a right-wing encroachment on the separation of church and state, and a denial of the protections given to us under the US Constitution:

Pennsylvania does not need to wait for the United States Supreme Court to rule on what natural law already declares as self-evident … Marriage is a sacred bond that can only be fulfilled by one man and one woman, as established by God. Final passage of my legislation will allow state lawmakers to exercise their rightful responsibility and obligation to uphold the rule of law and the will of the people.

The definition of marriage as ‘the union of one man and one woman,’ defended and upheld by this legislation, is the traditional definition of marriage that has been recognized and accepted throughout history and the world for centuries. Neither homosexual special interests gathered under the immoral umbrella of the ACLU, nor the Obama administration’s Department of Justice or any activist court should decide this critical issue for our Commonwealth.  House Bill 1349 is specifically written to empower Pennsylvania voters, and only Pennsylvania voters, with the authority to decide how marriage will be defined in the Keystone State.

News reports indicate that Metcalfe may be on the downside of this battle and that combined with the aforementioned Franklin and March poll, there is now less support for this discrimination.  According to the Philly Magazine,

His support system is fleeting. In the last session, the bill had 40 supporters, but today [May 8], according to a rep from [Rep] Brian Sims’ office, there are only 27. And this is the first time it’s been introduced with zero Democratic backers. To top it off, his bill’s lackluster show of support comes on the heels of yesterday’s announcement that a record number of legislators on both sides of the fence sponsor[ed] legislation that ban[s] discrimination against LGBT people in the workplace and housing and public accommodations [emphasis in original].

Discrimination and inequality are not the principles Pennsylvania was founded upon.

Discrimination and inequality are not the principles this state was founded upon. Metcalfe’s discriminatory amendment, in contrast to Cohen’s call for equality and respect for recognizing loving relationships, denies unmarried heterosexual, lesbian, gay, bisexual and transgender families the protections and fairness they deserve.

Heterosexual married couples and their families are afforded more than 1,000 legal protections and economic benefits provided through state and federal law, benefits and protections that are currently inaccessible to unmarried couples.  Passage of Metcalfe’s amendment would therefore subject same-sex couples and their families to exclusion, discrimination and inequality.

Gay and lesbian Pennsylvanians are our neighbors, co-workers, friends, and family member.  They pay taxes.  LGBT people should not be bullied.  They deserve the same rights, protections, and responsibilities that all residents desire and have.

If the US Supreme Court declares this summer that marriage is a right across the country just like they did in Loving v. Virginia in 1967 (see my earlier blogs here and here on this issue) then we won’t need this interim step of civil unions and Metcalfe’s bill will immediately become moot.  A great way, in my opinion to end this duel.  In Pennsylvania and across the country.

So, let’s hope that the US Supreme Court overturns Proposition 8 this summer under the equal protection and due process protections given to us under the US Constitution’s 14th amendment and therefore—like Loving v. Commonwealth of Virginia in 1967—protect marriage rights for everyone. If they stop short of that, then let’s hope and advocate for the passage of Representative Cohen’s civil union bill.

Meanwhile, to keep up-to-date on these dueling bills as well as other LGBTQ legislation, check out Equality Pennsylvania’s website.

April 13, 2013

Pennsylvania General Assembly Again Attacking Women’s Reproductive Health

Keep Abortion Legal NOW Round

Keep Abortion Legal Safe, Legal and Accessible (http://www.now.org/issues/abortion/)

It’s 2013 and the Pennsylvania General Assembly continues to attack women’s access to reproductive health. According to WeveHadEnoughPA.org, the Pennsylvania legislature has launched and maintained a 2+ year attack on women’s health. There have been numerous bills introduced and in some cases passed that restrict women’s vital access to reproductive health.  Since January 2011, there have been at least 55 votes in the Pennsylvania General Assembly to restrict access from birth control to safe, legal abortions.

The most recent attack is happening this month.  On April 10, the Pennsylvania Senate Insurance and Banking Committee heard and passed out SB 3 by an 8-5 vote; a floor vote could occur any time this month.  This coming Monday, April 15th, the Pennsylvania House Health Committee will be hearing and voting on HB 818, the companion bill to SB 3.

The Additional Burdens on Women Seeking Abortion Care in These Bills

Both of these bills would prohibit insurance companies who provide health care coverage from including abortion coverage within the new healthcare Exchange crafted by the Affordable Care Act (aka Obamacare). The only exceptions to this proposed ban are for women who become pregnant because of rape or incest if they personally report the sexual assault to law enforcement officials and for women who will die without immediate access to abortion services. If a woman doesn’t meet one of these two exceptions, she must completely pay for the abortion totally out of her own pocket, unlike any other medical care she would receive under her health insurance plan.

Currently, about 80% of private insurance companies provide coverage for abortion services. This is important because these very same plans will be offered to people purchasing insurance through the Exchange. As part of the federal law, however, all plans that offer abortion coverage in the Exchange must have a separate payment for that portion of the coverage. This bill would deny women the right to make this separate payment and deny them what is currently available to most people covered by the current private health insurance system. While women would still be able to have abortions in this circumstance, they would be forced to fully pay out-of-pocket all cost for these procedures; their insurance company would be prohibited from paying any portion of this treatment.

This proposed ban places an undue burden on victims of rape and incest and on those women whose lives are in danger health-wise by adding unnecessary barriers to receiving the critical medical attention they need. The two exceptions allowed are extremely limited. These bills require woman who are victims of rape or incest to notify the police and identify the perpetrator prior to seeking abortion treatment.  It also limits women with health issues that complicate their medical treatment to those that are in immediate danger of dying and requires additional medical certification by second, non-attending physician.

This bill places these restrictions on access to health insurance not by mentioning rape or incest or the death aversion clause, but by referring to and expanding Pennsylvania’s version of the Hyde Amendment.  This language is embedded in 18 Pa.C.S. § 3215(c) and would expand restrictions on public funds to all privately paid insurance plans purchased within the Exchange. The law (18 Pa.C.S. § 3215(c))as currently written is a prohibition of the state spending of public funds but not personal funds provided by the person herself for her own health insurance coverage.

The Rape and Incest Exception

Women and minors who are raped would be denied access to abortion services unless they formally report and identify their rapist to the police or child protective services.  Most sexual assaults are not reported to the police. This is even truer when the perpetrator is a family member or acquaintance. According to the Pennsylvania Coalition Against Rape, sexual assault occurs at a much higher rate than is actually reported.

Reasons for not reporting include an initial denial that they have been raped; fear that you won’t be believed or are ashamed for having been raped; or having an ongoing relationship (such as a spouse or parent) with the perpetrator. In order to be safe from further violence by the perpetrator, women and girls may decide not to report the attack to the authorities.  And if you are in denial you are also unlikely to report your rape or the incest of your child to authorities as required in this proposed legislation.

So that means if this bill becomes law and you become pregnant from rape or incest, you are further burdened with the additional costs of fully paying for the abortion. If this bill were not to go into effect, then following the restrictions placed on abortion care under federal law, you would have the abortion services covered based on the insurance rider you purchased in the exchange and you wouldn’t be forced to file a complaint with the police.  This is just one reason why this bill should be voted down.

The “Avert” Death Exception and Need for Expanded Health Exception

In addition, under this proposed law, women who are near death could receive an abortion.  However, say a woman develops cancer or an infection during her pregnancy that will not immediately kill her but would complicate her medical treatment should she continue with the pregnancy.

This health threat/complication is not included in the current bill’s health exception as that exception allows abortions only to “avert” the woman’s death. Any woman with a medical condition that is complicated by the pregnancy but doesn’t immediately place her in danger of death would be forced to bear the additional burden of the full cost of an abortion in addition to the increased threats to her health as well as the additional medical bills for the remaining part of her care.  The medical community, advocates and some legislators are very concerned about this limited exception and have proposed an amendment to both the House and Senate bill to expand this exception from “averting” her death to coverage of the abortion for any pregnancy that poses a substantial risk to the woman’s physical health.

But even if the health exception is expanded to include threats to women’s physical health and care, this bill continues to attack women’s health and lives and should be voted down.

Why this Bill Should be Voted Down

The question of whether abortion will be covered in federally subsidized insurance exchanges has already been settled.  In response to concerns raised by US Senator Ben Nelson, a staunch opponent of abortion, women who want to use their own money to purchase a health insurance plan that covers abortion services must send a separate payment so the funding for abortion coverage is completely separate and paid entirely by the individual. This bill denies women their right to make this separate payment.  And with an estimated 80% of private insurance plans currently covering abortion care, banning abortion coverage in the state exchange would leave women worse off than they were before health care reform began.

Abortion care is a legally authorized and fundamental component of women’s basic health care.  Women should not be denied access to safe, legal, and critical care as part of health care reform implementation.

If abortion coverage is available to some, it should be available to all.  Politicians should not discriminate against women participating in the health insurance exchange.  All women deserve the same peace of mind that they can obtain the health care they need, regardless of where their insurance comes from.

The decision to have an abortion is a private decision between a patient and her physician. It should not be denied by politicians interfering with an insurance company and the policies they offer to the consumer for this procedure.

Banning abortion coverage in transactions between a private company and an individual is governmental activism of the worst kind.  With all of the heated rhetoric over healthcare reform, one would assume that lawmakers would be sensitive about taking any action that suggests government intervention in private healthcare decisions.

Finally, instead of denying Pennsylvania women access to fundamental reproductive health care services, politicians should be working to protect and advance women’s health.

Action Needed

Contact your Pennsylvania Senator and Representative today (find their contact information here).  Tell her/him to support the expanded health exception amendment to both SB 3 and HB 818 and to oppose the entire bill regardless of the inclusion of the amendment.

March 13, 2013

Universal, Single-Payer Health Care Can Save Billions of Dollars

I recently posted a blog about why I support universal single-payer healthcare.  I told you about my personal trials with insurance companies in order to obtain my life-saving bone marrow transplant.  I have been telling that story in my advocacy ever since the early 1990’s when I became a single-payer healthcare advocate.

In 2008, I ran for the Pennsylvania House of Representatives.  Another candidate in another district that year was Cindy Purvis.  Both of us ran for public office with the message that affordable, universal health care was necessary for individuals, families, businesses, and our communities in general.

The following year, Cindy helped found Health Care for All PA, a statewide non-profit organization that educates the public and government officials regarding the scope and seriousness of the health care crisis.  She was their first President.  A year later, she asked me to join their Board of Directors.

In our advocacy for a universal health care plan for Pennsylvania, we have received push-back from the legislature. They told us that the General Assembly would not move the bill unless we had an Economic Impact Study (EIS) that shows that universal, single-payer health care is cost-effective. So a couple of years ago, the legislature considered an EIS bill to find out this answer. Unfortunately it died in committee.

But this question still needed to be answered.  So the Health Care for All PA Education Fund raised monies from individuals and small businesses to fund just such a study to compare the proposed state-based single-payer health care plan to the Affordable Care Act (aka Obamacare) and other health care programs within Pennsylvania.  And we now have the results.

STUDY PROVES PENNSYLVANIA CAN EXPAND HEALTH CARE TO ALL WHILE SAVING BILLIONS OF DOLLARS

ECONOMIC IMPACT STUDY COMMISSIONED BY HEALTHCARE4ALLPA PAVES THE WAY FOR AFFORDABLE UNIVERSAL HEALTH CARE IN PENNSYLVANIA

Health Care for All PA released the results of this economic impact study last week based on and in conjunction with the anticipated introduction of the Pennsylvania Health Care Plan bill by Senator Jim Ferlo on Tuesday, March 19 at 2:00 pm in the Capitol Media Center, Harrisburg.

The results prove that a single-payer health care plan will save families, businesses and tax payers $17 billion annually while at the same time providing comprehensive health care to all.

This study was done by University of Massachusetts – Amherst professor of economics Gerald Friedman, Ph.D.   It compares the cost of the current for-profit health insurance model in Pennsylvania whereby provider choice is limited and health services are rationed by health insurance companies to that of a consumer-driven health care system which lets people have the freedom to choose their own doctors, hospitals and health care providers.

Some of the important advantages of a single-payer system are:

  • Provides comprehensive coverage for every resident of Pennsylvania, including dental, vision and mental health services;
  • Eliminates the need for hospitals to absorb the cost of care for the uninsured;
  • Reduces bureaucracy for private physicians resulting in reduced administrative costs and improved compensation for private physicians;
  • Reduces or eliminates health insurance over-costs for small business, allowing for more job creation, greater reinvestment of profits, and reduced workers’ compensation costs.
  • Radically reduces the total cost of health care to levels more consistent with costs in the rest of the industrialized world.
  • Reduces healthcare spending in Pennsylvania by an estimated $16 Billion +
    (from $144 billion to $128 billion). This includes savings of $7 Billion + for businesses that currently provide health care benefits and over $6 Billion for state and local governments and school boards. It also reduces the cost to the average individual who pays well over the 3% of personal income for health care coverage that is called for in the Pennsylvania Health Care Plan.

Here’s some highlights from the EIS:
EIS SUMMARY AND HIGHLIGHTS OF PENNSYLVANIA HEALTH CARE PLAN

Friedman’s Executive Summary can be read here.

The entire Economic Impact Study can be read here.