A Gag Rule On Abortion

In his State of the Union address last month, Ronald Reagan reiterated an old battle cry. "Let us unite as a nation and protect the unborn," he urged. Within days, the Administration took action, announcing new regulations that will prohibit federally funded family-planning clinics from even mentioning abortion. The restrictions, which would affect 4,000 clinics and 4.3 million patients a year, were attacked last week not only by abortion advocates but by civil liberties groups and a host of medical organizations, some of which filed suit against the Government. The regulations, charged Rachel Pine of the A.C.L.U., would "turn a public health program into an ideological arm of the present Administration. They are mandating that a physician not give a responsible answer to a patient."

Under the new rules, scheduled to go into effect on March 3, a pregnant woman visiting a clinic that receives Title X family-planning funds can be counseled only on "the prenatal care and social services she needs for a healthy pregnancy," says Otis Bowen, Secretary of Health and Human Services. The clinic cannot advise her about abortion, even if a medical condition such as heart disease makes pregnancy physically hazardous. In the Administration's view, these restrictions are not simply an expression of its philosophical objections to abortion but also carry out a provision in the Title X law, which asserts that abortion cannot be used as a "method of family planning" at federally funded clinics.

Opponents attack the rules on constitutional, ethical and medical grounds. The A.C.L.U. argues that the regulations would limit the free speech of doctors as well as a woman's right to choose abortion. Some doctors say that by limiting what can be said to patients, the "gag rule" hurts the quality of care and leaves physicians vulnerable to malpractice suits. Says Dr. John J. Graham of the American College of Obstetricians and Gynecologists: "It's unethical, it's bad medicine, and it's inhumane."

Many clinics say they will give up federal funds rather than obey the new rules. California and New York clinics would be required to do so, since state regulations oblige them to inform pregnant patients of all options. But critics are betting that the courts will overturn the Administration's edict before it takes effect. Says Pine: "We have a strong case, and the Government knows it."