FACT SHEET
MARCH for Military Women Act:
Protecting the Health and Rights of
Military Families
AUGUST 2011
In June of 2011, Senator Kirsten Gillibrand (D-NY) introduced the Military Access to
Reproductive Care and Health (MARCH) for Military Women Act in the Senate (S. 1214)
and Rep. Louise Slaughter (D-NY) introduced it in the House (H.R. 2085). The law aims to
undo current restrictions on military women’s and military dependents’ access to abortion
care and provide these women with at least the level of care provided to other women who
rely on the federal government for their health care.
Current law restricts abortion access for U.S. service members and their dependents in two
ways. It prohibits insurance coverage of abortion care for military families through
TRICARE except in cases of life endangerment. It also prohibits the provision of abortion
services in military facilities in almost all cases, with exceptions for rape, incest and life
endangerment. That makes military abortion
restrictions even more oppressive than those
under the Hyde Amendment and other
Abortion care is not covered for
discriminatory federal funding restrictions. The
women in the military and military
MARCH Act aims to undo these federal
dependents in cases of sexual
restrictions to ensure that rape and incest
violence.
survivors can use their federal insurance to
receive abortion care and that all women serving
our country can receive safe, accessible abortion
This means that restrictions on
care.
Our servicewomen deserve at least the same
access to abortion care as other women who rely
on the federal government for their health care.
servicewomen are greater than
those for other women who rely
on the federal government for
their health care.
As noted, abortion care is not covered for women
in the military and military dependents in cases of sexual violence. This means that
restrictions on servicewomen are greater than those for other women, such as federal
employees and Medicaid recipients, who rely on the federal government for their health
care and whose abortions are covered if their pregnancies result from rape or incest. The
rates of reported sexual assault in the military are extremely high.1 It is likely that the
actual numbers are much higher because military women face an unsympathetic
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environment that discourages reporting sexual assaults. Servicewomen’s reluctance to
report sexual violence is highlighted in a recent General Accountability Office report.2
Current policy adds insult to injury by making it very difficult and expensive for women
who have been sexually assaulted to access abortion care. The National Partnership
strongly believes that there should not be any restrictions on insurance coverage of abortion
care. But at the very least, servicewomen and their dependents should not have more
difficulty accessing abortion care than other women who have experienced sexual violence.
All of the women serving our country deserve access to safe and legal abortion in military
facilities.
Women stationed overseas usually depend exclusively on their base facilities for medical
care and have no other access to safe medical services. American servicewomen and
dependents deserve to have safe access to the same essential reproductive health services,
including abortion services, as the civilians they protect. At best, the current ban forces
women serving in countries where there is no access to safe or legal abortion services to
compromise their health by delaying access to care. At worst, the ban induces women to
seek out illegal and often unsafe abortion care. Even if women are serving in countries
where relatively safe, legal abortion services are available, language barriers and
transportation to clinics can pose insurmountable obstacles.
The ban violates women’s privacy by forcing them to seek permission from their
commanding officer to leave their military base
in order to travel to obtain safe abortion
Even if women are willing to
services. Even if women are willing to approach
their – usually male – superior officers to
approach their – usually male –
request leave, there is no requirement that leave
superior officers to request leave,
be granted. Servicewomen should not have to
there is no requirement that leave
risk personal and professional repercussions to
be granted.
obtain abortion care.
For women who do get permission to seek care
elsewhere, a servicewoman stationed in a war zone is generally transported to a medical
facility outside that country. Forcing a woman to leave her position, even when she wants
to stay, unnecessarily disrupts the operations of military units. Losing personnel during
deployment has an impact on the unit’s ability to complete its mission and maintain unit
cohesion. Denial of servicewomen’s right to choose is inexcusable and dangerous.
Brief Background/History
About 200,000 women are currently on active duty in the four branches of the military, and
more than 100,000 women live on U.S. military bases overseas and rely on military
hospitals for their health care. Using statistics from the military branches and Department
of Defense, the Guttmacher Institute estimates that 55 to 65 percent of pregnancies among
military women are unintended compared to the 49 percent average nationally.
NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | FACT SHEET | MARCH FOR MILITARY WOMEN ACT
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Prohibition on abortion coverage in place since 1979: Since 1979 the annual Department of
Defense Appropriations bills included a provision that prohibited the use of federal funds for
abortion care for military personnel and dependents in almost all cases. In 1985, this ban was
enacted into permanent law through the Department of Defense authorization bill. The
current law restricting federal funds allows exceptions only in cases of life endangerment.
Prohibition on providing abortion care in military facilities started in 1988: Although federal
funding for abortion care was prohibited, women could use private funds to pay for abortion
care in military facilities until 1988 when the Department of Defense issued an administrative
order prohibiting the use of military facilities for the provision of abortion services in almost all
cases, even if paid for with private funds. The only exceptions to this policy were abortions
performed in cases of rape, incest or life endangerment.
Prohibition on providing abortion care in military facilities lifted from 1993-1995: In
January 1993, President Clinton repealed the abortion ban on military facilities by
Executive Order and women were allowed to obtain abortion care if paid for in advance
with private funds. However, in 1995 Congress reversed the Executive Order in the annual
appropriations bill and later that year the prohibition on privately-funded abortion care in
military facilities, except in cases of rape or incest, was enacted into permanent law
through the Defense authorization bill.
Thus, except for that brief respite during the Clinton Administration, for the past two
decades women serving our country in the armed forces or living on military bases for other
reasons have had no safe access to abortion care in almost all cases, even if they are willing
to spend their own money to obtain these services.
Support the MARCH Act
Congress must protect the health and rights of military families by removing the funding
restrictions for survivors of rape and incest and allowing all women to use secure safe
abortion services in military health facilities. Military families deserve the same right to
safe health care services as the civilians they protect.
1
Turchick, J.A. & Wilson, S.M. (2010). Sexual assault in the U.S. military: A review of the literature and recommendations for the
future. Aggression & Violent Behavior, 15, 267-268
2
U.S. Government Accountability Office. (2008, August). DoD’s & the Coast Guard’s Sexual Assault Prevention and Response
Programs Face Implementation and Oversight Challenges, 32. Retrieved 17 August 2011 from
http://www.gao.gov/new.items/d08924.pdf
The National Partnership for Women & Families is a nonprofit, nonpartisan advocacy group dedicated to promoting fairness in the workplace, access to quality health care and
policies that help women and men meet the dual demands of work and family. More information is available at www.NationalPartnership.org.
© 2012 National Partnership for Women & Families, All rights reserved.
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