Helms Amendment to the Foreign Assistance Act
{{Short description|Federal American legislation}}
{{Use American English|date=June 2025}}
{{Use mdy dates|date=December 2023}}
{{Jesse Helms series}}
The Helms Amendment to the Foreign Assistance Act, sometimes called simply the Helms Amendment,{{Cite web |last1=Barot |first1=Sneha |url=https://www.guttmacher.org/gpr/2013/09/abortion-restrictions-us-foreign-aid-history-and-harms-helms-amendment |website=Guttmacher Institute |title=Abortion Restrictions in U.S. Foreign Aid: The History and Harms of the Helms Amendment|date=September 23, 2013|access-date=December 19, 2023}} is a 1973 amendment, passed by the U.S. Congress in the wake of the Roe v. Wade decision by the United States Supreme Court, to limit the use of US foreign assistance for abortion.{{Cite web|url=https://www.plannedparenthoodaction.org/community/planned-parenthood-global/helms-amendment-hurts-women-worldwide|title=Helms Amendment Hurts Women Worldwide|website=www.plannedparenthoodaction.org|access-date=June 29, 2016}}{{cite book |last1=Amendments |first1=United States Congress Senate Committee on the Judiciary Subcommittee on Constitutional |title=Abortion: Hearings Before the Subcommittee on Constitutional Amendments of the Committee on the Judiciary, United States Senate, Ninety-third Congress, Second Session [-Ninety-fourth Congress, First Session] ... |date=1974 |publisher=U.S. Government Printing Office |page=90 |url=https://books.google.com/books?id=aAQAFxFU4XEC&pg=PA90 |access-date=February 17, 2023 |language=en}}
Named after North Carolina senator Jesse Helms, the amendment states that "no foreign assistance funds may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions."{{Cite web|url=http://www.genderhealth.org/the_issues/us_foreign_policy/helms/|title=Helms Amendment {{!}} U.S. Foreign Policy & Funding {{!}} The Issues {{!}} CHANGE|website=www.genderhealth.org|access-date=June 29, 2016}}
Background and passage
After the Supreme Court's landmark 1973 decision Roe v. Wade, anti-abortion activists began mobilizing at the federal level. One of the goals of the anti-abortion movement in the wake of Roe was to cut off all federal funding support for abortion care in order to reduce the availability of legal abortions. In the year after the decision, socially conservative, evangelical Protestants who were anti-abortion mobilized to an unprecedented extent, and pro-life lawmakers introduced a number of measures designed to cut off access to abortions in the United States and elsewhere.{{cite web |last1=Ziegler |first1=Mary |title=Beyond Backlash: Legal Hist ond Backlash: Legal History, Polarization, and Roe v olarization, and Roe v. Wade |url=https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=1332&context=articles |publisher=Florida State University College of Law |access-date=February 15, 2023 |page=1005 |date=2014}}
Senator Jesse Helms, a prominent opponent of abortion, introduced his amendment to the Foreign Assistance Act during his first term in Congress.{{cite web |last1=Benshoof |first1=Janet |title=Twisted Treaty Shafts U.S. Women by Janet Benshoof |url=https://www.ontheissuesmagazine.com/2009winter/2009winter_5.php |website=www.ontheissuesmagazine.com |access-date=February 10, 2023 |date=2009 |quote=Drafted by the late Republican Senator Jesse Helms, a vociferous opponent of abortion, this language can and has been used as an anti-abortion weapon.}}{{cite book |last1=Weatherford |first1=J. McIver |title=Tribes on the Hill |date=1985 |publisher=ABC-CLIO |isbn=978-0-89789-072-4 |page=127 |url=https://books.google.com/books?id=u1uTPIU6lA4C&pg=PA127 |access-date=February 10, 2023 |language=en |quote=As an outspoken and imaginative strategist of conservative issues, Helms rose to national leadership in the anti-busing, anti-abortion, anti-sex education, and anti-Equal Rights Amendment movements.}}{{cite web |last1=Yachot |first1=Noa |title=Biden urged to clarify that abortion aid abroad unaffected by Roe v Wade ruling |url=https://www.theguardian.com/us-news/2022/aug/12/foregin-abortion-funding-limit-ban-senators-joe-biden |work=The Guardian |access-date=February 10, 2023 |date=August 12, 2022}}{{cite web |last1=Hanrahan |first1=John |title=Supreme Court nominee Anthony Kennedy denied today that he... - UPI Archives |url=https://www.upi.com/Archives/1987/12/14/Supreme-Court-nominee-Anthony-Kennedy-denied-today-that-he/4265566456400/ |publisher=UPI |access-date=February 9, 2023 |language=en |date=December 14, 1987}}{{cite web |last1=Ford |first1=Liz |title=Democrats introduce bill to repeal anti-abortion rule for US overseas aid |url=https://www.theguardian.com/global-development/2020/jul/29/democrats-introduce-bill-to-repeal-anti-abortion-rule-for-us-overseas-aid |website=The Guardian |access-date=February 9, 2023 |date=July 29, 2020}}{{cite web |title=Divisive Conservative Firebrand Jesse Helms Dies at 86 |url=https://www.pbs.org/newshour/nation/remember-july-dec08-helms_07-04 |website=PBS NewsHour |access-date=January 24, 2023 |language=en-us |date=July 4, 2008}} It prohibited the use of any U.S. foreign assistance funds for "abortion as a method of family planning". It eventually passed both houses of Congress and was signed into law on December 17, 1973. It has been interpreted by every administration since as an outright ban on funding abortions, including cases of rape, incest, and pregnancies that endanger the life of the mother. It is applied even to countries where abortion is completely legal.{{cite web |last1=Gaddy |first1=Ellen |title=It's Time to End My Grandfather's Harmful Legacy — the Helms Amendment |url=https://www.politico.com/news/magazine/2022/07/28/biden-repeal-helms-amendment-on-abortion-00048533 |website=POLITICO |access-date=September 9, 2022 |language=en |date=July 8, 2022}}{{cite web |last1=Moss |first1=Kellie |last2=Kates |first2=Jennifer |title=The Helms Amendment and Abortion Laws in Countries Receiving U.S. Global Health Assistance |url=https://www.kff.org/global-health-policy/issue-brief/the-helms-amendment-and-abortion-laws-in-countries-receiving-u-s-global-health-assistance/ |website=KFF.org |publisher=Kaiser Family Foundation |access-date=February 15, 2023 |date=January 18, 2022}}
Effects
Despite its focus on "abortion as a method of family planning," American global health funding programs, such as USAID, currently interpret the Helms Amendment language to exclude funding for abortion services in cases not connected to family planning, such as rape, incest, or to save the life of the woman.
The Agency for International Development (AID) halted most abortion related activity due to the passing of the amendment, though they had previously been a very prominent supporter of abortion. This left the World Bank and The United Nations Fund for Population Activities as the only publicly open contributions of support.{{Cite journal|last=Warwick|first=D. P.|date=April 1980|title=Foreign aid for abortion|journal=The Hastings Center Report|volume=10|issue=2|pages=30–37|issn=0093-0334|pmid=7372467|doi=10.2307/3561278|jstor=3561278}}
The 1984 Mexico City Policy was an expansion of the Helms Amendment's restrictions. An executive order first issued by Ronald Reagan, it prohibited spending foreign aid money on any non-governmental organizations that provide services relating to abortions. The order was continued or re-instated by all subsequent Republican presidents and rescinded by all Democrats through to Joe Biden.{{cite news |last1=Keating |first1=Joshua |title=The Biden Administration Is Repealing the Global Gag Rule. That's Not Enough. |url=https://slate.com/news-and-politics/2021/01/biden-global-gag-rule-mexico-city-policy.html |access-date=December 19, 2023 |work=Slate |date=January 28, 2021}}
Abortion
Several anti-abortion groups support the current interpretation of the Helms Amendment to exclude abortions for rape or incest, considering it an important ban on "taxpayer-funded abortions."{{Cite web|url=https://www.vox.com/2016/2/12/10980992/clinton-sanders-helms-amendment-abortion-rape|title=Both Clinton and Sanders want to help rape victims abroad by changing this major policy|last=Crockett|first=Emily|date=February 12, 2016|website=Vox|access-date=June 29, 2016}}
In 1990 Congress provided clarity on the amendment advising USAID programs are in fact allowed to provide counseling and information on all pregnancy options as long as the programs are following each countries' laws.
Support and opposition
The amendment is supported by the United States Conference of Catholic Bishops and anti-abortion groups such as the Susan B. Anthony Pro-Life America{{cite web|url=https://www.catholicnewsagency.com/news/248183/us-bishops-urge-congress-to-prohibit-taxpayer-funding-of-abortions|title=US bishops urge Congress to prohibit taxpayer funding of abortions}}
Several abortion-rights and human rights organizations, including Planned Parenthood, the Global Justice Center,{{citation needed|date=November 2019}} Population Action International,{{Cite web|url=http://pai.org/helmshurts/|title=Helms Hurts: It's Time to Fix this Broken Policy - PAI|language=en-US|access-date=June 29, 2016|archive-date=August 14, 2016|archive-url=https://web.archive.org/web/20160814220053/http://pai.org/helmshurts/|url-status=dead}} the Center for Health and Gender Equity,{{Cite web|url=http://genderhealth.org/|title=CHANGE: Center for Health and Gender Equity|website=genderhealth.org|access-date=September 6, 2016}} Human Rights Watch, and Amnesty International USA pressured United States President Barack Obama to mitigate what they considered the harmful effects of the Helms Amendment. Population Action International, for example, stated that since the Helms Amendment restricts US funds for abortions "as a method of family planning," abortions "conducted as a result of rape, incest, and abortions to save women's lives, are eligible for U.S. support". The Center for Health and Gender Equity worked with other human rights and faith-based organizations in calling on President Obama to take executive action on the Helms Amendment for women raped in conflict.{{Cite web|url=http://highline.huffingtonpost.com/articles/en/kenya-abortion/|title=This U.S. Policy Drives Rape Victims Worldwide To Undergo Grisly Abortions|last=Bassett|first=Laura|access-date=September 6, 2016}} More than 100 Members of Congress also had called on President Obama to take action.{{Cite web|url=http://www.rollcall.com/news/democrats_urge_obama_to_address_needs_of_rape_survivors_in_war_zones-244420-1.html|title=Democrats Urge Obama to Address Needs of Rape Survivors in War Zones|date=October 26, 2015|website=Roll Call|access-date=September 6, 2016}} One of the ways that President Obama could have taken action would have been through the issuance of a presidential memorandum{{Cite news |title=How a 42-year-old law keeps the U.S. from helping ISIS's rape victims get abortions: Anti-abortion groups hailed the 1973 Helms amendment as a victory in the aftermath of Roe v. Wade. |url=https://www.washingtonpost.com/news/wonk/wp/2015/11/30/how-a-42-year-old-law-prevents-the-us-from-aiding-women-raped-by-isis/ |newspaper=The Washington Post |last=Pauqette |first=Danielle |date=November 30, 2015 |id={{ProQuest|1737943394}}}}{{better source needed|date=February 2023|reason=This is a Wonkblog post and should be attributed per WP:NEWSBLOG}} but President Obama never issued a presidential memorandum on the Helms Amendment.{{Cite news|url=https://obamawhitehouse.archives.gov/briefing-room/presidential-actions/presidential-memoranda|title=Presidential Memoranda|date=May 14, 2015|work=whitehouse.gov|access-date=June 17, 2018|language=en}}{{primary source inline|date=February 2023}}
During the 2016 Democratic Presidential Primary, candidates (former) Secretary of State Hillary Clinton and U.S. Senator Bernie Sanders (I-VT) each pledged that as president they would take executive action on Helms and work to repeal the Amendment entirely.{{Cite web|url=http://www.huffingtonpost.com/entry/hillary-clinton-bernie-sanders-helms-amendment-abortion_us_56bcabdfe4b08ffac124143b|title=Clinton And Sanders Make Major Pledge On Abortion Policy|last1=Reporter|first1=Laura Bassett Senior Politics|last2=Post|first2=The Huffington Post Ryan Grim Washington bureau chief for The Huffington|date=February 11, 2016|website=The Huffington Post|access-date=September 6, 2016}}
Possible repeal
Many women's rights and women's health advocates press for the repeal of the law. Approximately 47,000 women perish annually due to unsafe or illegal abortions, mostly in foreign countries. Many reported abortions in foreign countries are being performed in unsafe ways by people without proper qualifications and in places that are not fit to medical standards.
In 2021, more than 140 human rights and global health organizations called on Biden to permanently repeal the Helms amendment. The Guttmacher Institute estimated that repealing the Helms amendment could result in 19 million fewer unsafe abortions and 17,000 fewer maternal deaths a year.{{cite web |last1=Ford |first1=Liz |title=Biden urged to end US aid 'abortion ban' |url=https://www.theguardian.com/global-development/2021/apr/30/biden-urged-to-repeal-helms-amendment-allow-us-aid-fund-abortion |website=The Guardian |access-date=November 3, 2023 |date=April 30, 2021}}