The G.A. of 2002 overturned a previous statement of "grave moral concern" that limited its approval of abortion of an "unborn baby who could live outside the womb" to instances in which the "physical life of the mother is threatened." The Assembly now approves the abortion of babies who could be delivered with a good chance for life. The reasons include cases of "life of the woman," the "woman’s health," "untreatable life-threatening genetic anomalies" in the baby, and in cases of "incest or rape."

Members of the committee on Health and Social Issues questioned the advocate for the newly proposed resolution. They asked whether temporary depression would be included in "health," for example. Judy Woods, chair of the Advisory Committee on Litigation, an author of the resolution, said her committee deliberately avoided defining "health."

Committee members asked if a Down’s Syndrome child might be included in the category of "genetic anomalies" listed in the resolution. Judy Woods said she didn’t know because her committee deliberately avoided defining their terms.

The "health" loophole
"Health" is the grand loophole in current judicial actions on abortion. No law that fails to provide for an undefined reason of health as an exception to allow abortion has withstood judicial challenge. Health is interpreted as any negative effect a woman experiences from her pregnancy, including short term perceived psychological effects. Courts essentially have been unwilling to constrain any decision for abortion.

And now the Presbyterian Church is using the identical language to express a moral view about taking the lives of babies who could live if they were delivered instead of aborted.

The complete statement adopted by the General Assembly is available on the PPL website at www.ppl.org and will be published in the minutes of the General Assembly.

The Assembly had an alternative position before it
The General Assembly had before it an option to the joint ACL/ACSWP resolution. Huntingdon Presbytery sent up an overture asking the Assembly to support decisions late in pregnancy that are "most likely to preserve both [the mothers’] lives and the lives of their children." That statement expressed moral opposition to late term abortion except where necessary to save the life of the mother and urged the church to surround the families in those problem pregnancies "with their prayers and tangible support." The overture was rejected by a majority in committee, but a similar statement came to the floor in the form of a minority report from the committee led by youth advisory delegate Eric Richey and minister commissioner Donald Meekhof. The Assembly chose to reject that moral position in favor of one that leaves abortion as a moral option in every pregnancy.

Why did the Assembly change its position on late term abortion?
During the Clinton administration Congress enacted a ban on partial birth abortion twice and the President vetoed their action twice. Partial birth abortion was an issue before the public. The Washington Office of the PC(USA) was actively advocating for the procedure in letters to Congress and in participation in press conferences.

When the G.A. of 1997 adopted its position of moral opposition to partial birth abortion, the issue was still alive in Congress but our Washington Office fell silent. The G.A. action effectively silenced their lobbying efforts.

However, in the year 2000, the Supreme Court agreed to hear a challenge to a Nebraska law that would have banned the partial birth abortion procedure in that State. The Advisory Committee on Litigation (ACL) urged the Clerk to submit an amicus brief in support of partial birth abortion. His office sent a copy of the brief to Baltimore Presbytery officials. The presbytery considered but rejected signing onto the brief. At that point the existence of the brief became public and the result was that the Stated Clerk withdrew it.

The ACL then proceeded to send a request to the General Assembly to allow them and the Advisory Committee on Social Witness Policy (ACSWP) to study the history of PC(USA) late term abortion policy and arrive at a statement of policy on the subject. In their report to the Assembly that year, the ACL notes that the Clerk "expects to be asked to participate in other [Supreme Court] cases involving late-term abortions."

The reversal of position by the General Assembly this year removes the moral opposition to late term abortions and clears the way for our Washington Office to resume its lobbying, and for the Stated Clerk to submit amicus briefs in support of late term abortions as soon as opportunities arise in the public arena. It distinguishes the Presbyterian Church (USA) as the only denomination to reverse its opposition to late term abortion. Both the Episcopal Church and the United Methodists have taken positions of opposition to the abortion of babies that can live outside the womb.