(Photo: U.S. Department of Veterans Affairs)
Earlier this month, the VA finalized a policy allowing abortions under specific circumstances for Veterans, even in states where abortion is prohibited.
The policy, which has been temporarily in effect since 2022, permits abortions in cases of rape, incest, or to safeguard the mother’s life or health. The new rule, which expands abortion counseling and services at VA facilities, will become permanent starting April 3.
This complements a U.S. Military policy providing paid leave and travel cost reimbursements for Service Members seeking abortions. Experts disagree over whether the VA rule complies with the Hyde Amendment. Despite objections, the Senate rejected a resolution to overturn the VA rule in May 2023. The VA emphasized its autonomy from the Hyde Amendment, stating its authority to provide abortion services based on federal laws and constitutional supremacy.
The VA clarified its adherence to federal laws regarding employee rights and protections, including accommodations for religious or conscience objections to abortion. VA employees can provide abortion services within their federal employment scope, regardless of state restrictions. However, critics argue that the rule lacks conscience protections for healthcare workers objecting to providing abortions.
The VA stresses the importance of these services for Veterans’ health and lives. The final rule outlines the previous ruling, enabling access to abortion counseling and services for Veterans and CHAMPVA beneficiaries. VA facilities will continue offering reproductive health services like pregnancy care, fertility services, and contraceptives. Despite previous exclusion, Veterans had access to abortions in their communities until certain states implemented abortion restrictions after the overturning of Roe v. Wade.
Given the significant increase in Women Veterans using VA services since 2001, the VA stresses the importance of these services. The number of women using VA services has grown from 159,810 to over 625,000, and more than half are child-bearing age, according to the VA. The VA does not disclose the number of abortions performed at its facilities but maintains that providing these services is essential for Veterans’ health and lives.
The VA policy recognizes that pregnancy and childbirth can pose serious risks to individuals with life-threatening conditions and does not impose time limits on when abortions can be performed, leaving it to healthcare providers’ discretion based on medical necessity.
Although the VA received numerous comments during the interim policy’s review period, it did not make significant changes, as the policy already does not permit abortion provision and coverage in all circumstances.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
