Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) announced the Assembly passed a bill that would amend the outdated language of New York state law, affirming the constitutional right to make reproductive decisions that women across the country have had since Roe v. Wade. The legislation, which is part of the Assembly’s broader agenda to ensure full equality for women, would guarantee a woman’s right to choose and ensure constitutionally protected access to safe, legal abortion (A.6221).

“Women have a constitutional right to make decisions about their own bodies, and that freedom must always be protected,” Assemblyman Thiele said. “Although New York has safeguarded a woman’s right to choose for over 40 years, state law does not adequately protect the access to reproductive health care that has been provided under Roe v. Wade and subsequent Supreme Court decisions.”

It was in 1970, three years before Roe v. Wade, that the State of New York approved one of the first laws in the nation providing women with access to safe, legal abortion. At the time, the Speaker of the State Assembly was Perry B. Duryea, a predecessor to Assemblyman Thiele in representing eastern Long Island and the First District in Albany. Duryea cast the 76th and deciding vote in favor of the legislation. Thiele stated, “Perry Duryea was a leader in promoting women’s equality by supporting that measure in 1970, I am proud to follow in his footsteps and carry on his legacy by supporting this bill today.”

In 1973, the United States Supreme Court ruled that, prior to fetal viability or when necessary to protect the health or life of the woman, the Constitution protects a woman’s right to have an abortion. New York legalized abortion before this historic decision and has consistently led the way in ensuring access to reproductive health care. In passing this bill, we are reaffirming a woman’s right to choose.

The Assembly’s legislation would not change current federal or state laws that allow institutions or doctors to refuse performing abortions based on their religious or moral beliefs, nor would it broaden the scope of individuals who are considered qualified to perform abortions, nor would it change the long-standing ban on partial-birth abortions. The Women’s Reproductive Health Act simply states that women have a right to make their own health care choices prior to 24 weeks of pregnancy or in cases where a woman’s life or health is in danger, which is exactly what the Constitution mandates.

“Updating this law is long overdue,” said Assemblyman Thiele. “We must protect a woman’s right to make her own health care decisions.”