The Freedom of Choice Act (FOCA), was first introduced in November of 1989 by Representative Don Edwards (D- Calif) and Senator Alan Cranston (D-Calif). It was proposed to “codify Roe v. Wade,” and was, at that time, opposed by Senator Carol Moseley Braun (D-Ill), who argued that it did not go far enough to unleash – on a national level – a complete and unrestricted access to abortion. The first version, according to the Senator, dangerously allowed some conscience protection to health care professionals and did not require states to fund abortions.

The more recent wording of FOCA, introduced last year, is as follows:

“A government may not (1) deny or interfere with a woman’s right to choose – (A) to bear a child; (B) to terminate a pregnancy prior to viability; or (C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or (2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information.

This act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, penalty, practice, or other action enacted, adopted, or implemented before or after the date of enactment of this act.”

Text of H.R. 1964 and S. 1173, introduced on April 19, 2007.

It is clear that FOCA would immediately make null and void every current restriction on abortion in all jurisdictions. According to a recent article by Tom McCloskey, “FOCA Would Harm Women and Remove Freedoms,” and reported by the Family Research Council, if FOCA was passed it would automatically overturn:

• State abortion reporting requirements in all 50 states
• Forty-four states’ laws concerning parental involvement 
• Forty states’ laws on restricting later-term abortions 
• Forty-six states’ conscience protection laws for individual health care providers 
• Twenty-seven states’ conscience protection laws for institutions 
• Thirty-eight states’ bans on partial-birth abortions 
• Thirty-three states’ laws on requiring counseling before an abortion 
• Sixteen states’ laws concerning ultrasounds before an abortion

There is evidence of a very significant reduction of reported abortions, particularly among teens, through the passage of parental involvement laws and the use of ultrasounds. The August, 2008, report of the Alan Guttmacher Institute notes the greatest decline in abortions over the last 30 years is among teens, attributable in large part to the above restrictions, as well as a later initiation of sexual activity. It must be concluded that chastity formation or abstinence education has a positive effect on lowering these rates, as well as enriching the lives of our young men and women.