the death of a child as the result of action taken before or during
the birth of the child with the intent to cause the death of the child.
Abortion in The Alaska Territory
Abortion was severely restricted in Alaska during territorial and early statehood days.
The restrictions were consistent with the rest of the country. Laws in every state prohibited abortion altogether or permitted an abortion only in emergency situations where the mother’s life was at risk. While life-threatening situations were not well defined, it was understood the mother faced serious injury or death as a result of continuing to carry her child to term.
abortion laws were written with the dual purpose of protecting children in the womb and protecting their mothers from pressured or forced abortions.
Governor Keith Miller vetoed a bill passed by both Houses of the Legislature that would legalize abortions up to the point of viability in Alaska.
But the Legislature would not be deterred and overturned Governor Miller’s veto on April 30, 1970.
From July of 1970 to September 1972 the State funded emergency and elective abortions for low income women using funds in the State General Relief Medical program.
Medicaid and Abortions
Alaska entered the federal Medicaid program in September 1972, allowing Alaska to defer the cost of emergency and elective abortions to low-income women who were recipients of the Aid to Families with Dependent Children (AFDC).
Women who didn’t qualify for Medicaid funding continued to have both emergency and elective abortions funded by the State General Relief Medical program.
The Hyde Amendment
The provission of Section 209, Labor – HEW Appropriation Act of 1977 took effect. This is commonly known as the Hyde Amendment today.
The Hyde Amendment prohibits federal funds from being used to kill children in the womb except in the case of severe threat to the mother’s life, or if the child was conceived in either rape or incest.
Under the Hyde Amendment, Alaska would no longer be able to defer emergency and elective abortions for AFDC recipients to the federal government via Medicaid.
The General Relief Medical Program
After the loss of federal Medicaid funding, the State continued to pay for low income women to kill the children in their wombs under the General Relief Medical program. Funds were available for both emergency and elective abortions.
This practice continued until 1998 when the State instituted regulations restricting abortion payments to abortions that were strictly medically necessary.
“Fundamental Right” to Abortion
In the 1997 Valley Hospital v. Mat-Su Coalition for Choice Decision, the Alaska Supreme Court created the “fundamental right to an abortion” that has been used ever since to protect the institution of killing children before they’re born.
By creating this new “fundamental right to an abortion,” the Alaska Supreme Court abused the limits on their power as outlined in Alaska Constitution under:
- Article 1, Section 1
- Article 1, Section 2
- Article 1, Section 3
- Article 1, Section 22
- Article 13, Section 1
To learn more about the unconstitutional basis for killing children in the womb, click HERE.