McGuire: Fifty years later, the principle that taxpayers should not be compelled to fund abortion remains relevant
Albany, N.Y. — New York Families Action, New York Family Foundation’s public policy arm, is marking the 50th anniversary of the Hyde Amendment, a longstanding federal policy that restricts the use of federal taxpayer dollars to pay for most abortions.
Congress enacted the original Hyde Amendment on September 30, 1976. Named for its sponsor, the late U.S. Rep. Henry Hyde of Illinois, the provision has been included in federal appropriations legislation in various forms ever since. Its current framework generally prohibits federal Medicaid funding for abortion, except in cases of rape, incest, or danger to the mother’s life.
“The Hyde Amendment has endured for half a century because it addresses a fundamental question of conscience,” said Jason J. McGuire, Executive Director of New York Families Action. “Even in a nation deeply divided over abortion, there remains an important distinction between whether abortion is legal and whether citizens should be compelled, through their federal taxes, to pay for it.”
The anniversary also carries a significant New York connection.
On September 30, 1976—the same day the original Hyde Amendment was enacted—a legal challenge was filed in the U.S. District Court for the Eastern District of New York. The litigation ultimately reached the U.S. Supreme Court in Harris v. McRae.
In 1980, the Supreme Court upheld the Hyde Amendment, ruling that its abortion-funding restrictions did not violate the Constitution.
“New York was at the center of the legal battle over Hyde almost from the moment it became law,” McGuire said. “Fifty years later, that history remains especially relevant in a state that still uses public funds to support abortion.”
Last week, U.S. Rep. Chris Smith of New Jersey led a Special Order on the House floor to commemorate Hyde’s legacy. Smith, who served alongside Hyde for decades, recalled his former colleague’s defense of unborn life and quoted Hyde’s declaration: “The promise of America is that life is not just for the privileged, the planned, or the perfect.”
“Henry Hyde understood that questions involving human life require public officials to think beyond the next election or the moment’s political pressures,” McGuire said. “He challenged lawmakers to identify the principles worth defending, even when doing so carried a political cost. That conviction is worth remembering.”
Because the Hyde Amendment is an appropriations provision rather than a permanent statutory prohibition, Congress must continue to preserve its protections through federal spending legislation.
“For 50 years, Hyde has drawn an important line on taxpayer funding for abortion,” McGuire concluded. “Its anniversary is not merely an occasion to look backward. As long as government is asked to finance abortion, the question Hyde addressed remains before us. New York Families Action believes Congress should continue to protect taxpayers who do not want their federal dollars used to pay for abortion.”