Measure 106, Ban Public Funds for Abortions Initiative
The measure would prohibit public funds from being spent on abortions, except when medically necessary or required by federal law. Under the measure, an abortion would qualify as medically necessary if a licensed physician determines that a woman would suffer an injury or death unless an abortion is performed. Under the measure, public funds may be spent on abortions in circumstances of rape or incest or diagnosed ectopic pregnancies. Ectopic pregnancies, also called extrauterine pregnancies, are pregnancies where a fertilized egg becomes implanted outside of the uterus and has no chance of proceeding normally to birth and which could cause fatal bleeding to the mother. Source: Ballotpedia
Amends constitution. Under current law, abortions may be obtained, when approved by medical professional, under state-funded health plans or under health insurance procured by or through a public employer or other public service. Measure amends constitution to prohibit spending “public funds” (defined) for “abortion” (defined) or health benefit plans that cover “abortion.” Measure defines “abortion,” in part, as “purposeful termination of a clinically diagnosed pregnancy.” Exception for ectopic pregnancy and for pregnant woman in danger of death due to her physical condition. Exception for spending required by federal law, if requirement is “found to be constitutional.” No exception for pregnancy resulting from rape/incest unless federal law requires. Effect on spending by public entities other than the state is unclear. Measure reduces access to abortion. Other provisions.
SECTION 1. PROHIBITION ON PUBLIC FUNDING FOR ABORTIONS. The state shall not spend public funds for any abortion, except when medically necessary or as may be required by federal law.
SECTION 2. DEFINITIONS.
As used in this Article:
(1) “Public funds” means funds and moneys under the control or in the custody of the State of Oregon or any of its political subdivisions or public officials.
(2) “Abortion” means the purposeful termination of a clinically diagnosed pregnancy of a woman resulting in the death of the human embryo or fetus.
(3) “Medically necessary” means a condition in which a licensed physician determines that the pregnant woman suffers from a physical disorder, physical injury, or physical illness that would place her in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.
SECTION 3. EXCEPTIONS.
(1) Public funds may be spent to pay for an abortion when federal law requires states to provide funding for abortions, such as in circumstances including rape or incest, in which case this Article shall be applied consistent with federal law to the extent the federal requirement is found to be constitutional.
(2) Public funds may be spent to pay for the termination of a clinically diagnosed ectopic pregnancy.
SECTION 4. OTHER PROVISIONS.
Nothing in this Article shall be construed as prohibiting the expenditure of public funds to pay for health insurance as long as such funds are not spent to pay or reimburse for the costs of performing abortions.