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91_HB0709gms
OFFICE OF THE GOVERNOR
207 STATE CAPITOL, SPRINGFIELD, ILLINOIS 62706
June 9, 2000
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois
Constitution of 1970, I hereby veto and return House Bill 709
entitled "AN ACT to amend the Illinois Public Aid Code by
changing Sections 5-5 and 6-1."
House Bill 709 would amend the Public Aid Code to
prohibit the Illinois Department of Public Aid from paying
for abortions for women unable to afford one when it is
medically necessary to protect the health of the mother.
With this legislation, physicians of women who receive state
assistance would be required to needlessly wait until the
pregnant woman's medical condition deteriorated to the point
that the mother's life is at risk before an abortion could be
performed. Physicians would be faced with the impossible
task of trying to determine the "acceptable" level of risk to
a woman's health, and ultimately whether or not the health
risk might, in fact, jeopardize the mother's life. Medical
science is not so exact to make these precise determinations,
and in my judgement, it is not possible to separate the
issues of "health" and "life."
If enacted, House Bill 709 would create a two-tiered
system of health care in this State - denying equal access to
medical care and procedures simply because of the financial
status of the patient. I am deeply troubled by the prospect
that, because of the provisions of this bill, women could
face serious medical harm simply because they would be unable
to obtain a medically-necessary abortion.
Proponents of House Bill 709 argued that the "health of
the mother" provision is being abused by women and their
physicians. Illinois Department of Public Aid records do not
show that to be the case. Last fiscal year, only nine such
state-funded abortions were performed in Illinois, and in the
first eleven months of this fiscal year, only ten have been
performed for health reasons.
I have consistently supported and continue to support, a
"pro-life" position on abortion. But as a pharmacist by
profession, I have been involved in health care my entire
life, and I find it impossible to separate health from life.
We live in a very health-conscious society, with a special
concern for women's health. Why then, would we not be
concerned about the health of a pregnant woman - rich or
poor?
Additionally, although I remain personally committed to
my pro-life beliefs, there is another compelling reason for
my actions on this bill. As Governor, I am bound to uphold
the Constitution of the State of Illinois. I have been
advised by counsel that House Bill 709 would violate the 1994
order of the Circuit Court of cook County in Doe v. Wright,
requiring the Department of Public Aid to provide
reimbursement for "abortions necessary to protect women's
health." That order was based on the Court's interpretation
of the Illinois Constitution, and the State chose not to
appeal the ruling at that time. To violate the order at this
time, through my approval of this legislation, would
undoubtedly trigger a lengthy and expensive legal battle over
the bill's constitutionality. House Bill 709 would be
subject to the identical challenge that invalidated the
previous law. I do not believe that taxpayers' dollars
should be use to re-litigate an issue that has already been
decided by an Illinois court.
For these reasons, I hereby veto and return House Bill
709.
Sincerely,
s/GEORGE H. RYAN
Governor