Репродуктивті денсаулық сақтау клиникаларын қорғау туралы АҚШ заңнамасы

U. S. legislation protecting access to reproductive health clinics

The Freedom of Access to Clinic Entrances Act (FACE or the Access Act, Pub. L. No. 103 259, 108 Stat. 694) (May 26, 1994, ) is a United States law that was signed by President Bill Clinton in May 1994, which prohibits the following three things: (1) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is obtaining an abortion, (2) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is exercising or trying to exercise their First Amendment right of religious freedom at a place of religious worship, (3) the intentional damage or destruction of a reproductive health care facility or a place of worship.

Between the years 1978 and 1993, there was an increase in the number of crimes committed against abortion providers and abortion clinics. According to statistics gathered by the National Abortion Federation (NAF), an organization of abortion providers, since 1977 in the United States and Canada, there have been at least 9 murders, 17 attempted murders, 406 death threats, 179 incidents of assault or battery, and 5 kidnappings committed against abortion providers. In addition, since 1977 in the United States and Canada, property crimes committed against abortion providers have included 41 bombings, 175 arsons, 96 attempted bombings or arsons, 692 bomb threats, 1993 incidents of trespassing, 1400 incidents of vandalism, and 100 attacks with butyric acid ("stink bombs"). In April 1992, thousands of "prayer warriors" and anti abortion protesters met at the entrances of Buffalo Abortion Clinics for a planned month of picketing and blockades, trying to dissuade women from ending their pregnancies. After seven days of protests, involving Operation Rescue, over 400 protesters were arrested. One anti abortion group known as the Army of God was especially active in committing these violent crimes. This group alone was responsible for bombing and setting fire to over one hundred clinics before 1994. They also invaded more than three hundred clinics and vandalized more than four hundred In 1993, officials found the Army of God Manual, a tactical guide to arson, chemical attacks, invasions and bombing, buried in the backyard of Army of God activist Shelley Shannon’s home. Shelley Shannon was soon found guilty of the attempted murder of Dr. George Tiller that same year. In addition to committing acts of violence, some anti abortion activists were known to stalk medical personnel and use their photographs on "Wanted for Murder" posters. Certain senators and representatives believed that such unlawful conduct was interfering with the constitutional right of women to receive reproductive health care services (abortion in particular), which was guaranteed by the Supreme Court after the ruling of Roe v. Wade in 1973, until revoked by the ruling of Dobbs v. Jackson Women's Health Organization in 2022.

The Act was passed in direct response to the escalation of violent tactics used by anti abortion activists that culminated in the "Spring of Life" at Buffalo Abortion Clinics, in April 1992 and chiefly sponsored by Representative Chuck Schumer (D NY), with Representative Constance Morella (R MD) as the chief co sponsor. A version of the bill was introduced in the Senate in March 1993, this one sponsored by Senator Edward Kennedy (D MA). A joint committee between the House and Senate combined the two bills shortly after, and then President Bill Clinton signed the bill into law which went into effect in May 1994. Facility—The term "facility" includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located. Interfere with—The term "interfere with" means to restrict a person's freedom of movement. Intimidate—The term "intimidate" means to place a person in reasonable apprehension of bodily harm to him or herself or to another. Physical obstruction—The term "physical obstruction" means rendering impassable entrance to or exit from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous. Reproductive health services—The term "reproductive health services" means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.

In 1995, American Life League attempted to challenge the FACE Act in The United States District Court for the Eastern District of Virginia in a case called American Life League, Inc. v. Reno, but lost when the court upheld the FACE Act. Following passage of the Freedom of Access to Clinic Entrances Act, several states passed analogous laws. The Massachusetts act was the Reproductive Health Care Facilities Act, which was challenged in Federal Court and ultimately struck down in McCullen v. Coakley. However, the decision was narrowly tailored so as not to strike down the FACE Act and other state level laws.