FACT SHEET: President Biden Announces Actions In Light of Today’s Supreme Court Decision on Dobbs v. Jackson Women’s Health Organization
Today, President Biden announced actions that his Administration is taking to protect women who will face the grave consequences of today’s Supreme Court decision. This decision expressly took away a Constitutional right from the American people that it had recognized for nearly 50 years – a woman’s right to choose, free from government interference.
This decision will have devastating consequences in the lives of women around the country.
The President made clear that the only way to secure a woman’s right to choose is for Congress to restore the protections of Roe as federal law. Until then, he has announced two actions the Administration is taking to protect women.
A person has the right to travel between states for whatever reason they want – it is no one else’s business – especially the government’s. If a woman lives in a state that restricts abortion, the Supreme Court’s decision does not prevent her from traveling from her home to a state that allows it.
If any state or local official tries to interfere with women exercising this basic right, the Biden Administration will fight that deeply un-American attack.
Protecting Access to Medication
The President directed the Secretary of Health and Human Services to protect women’s access to critical medications for reproductive health care that are approved by the Food and Drug Administration—including essential preventive health care like contraception and medication abortion.
More than 20 years ago, the FDA approved mifepristone to safely end an early pregnancy; this drug is also commonly used to treat miscarriages. The American Medical Association and the American College of Obstetricians and Gynecologists wrote to President Biden and Vice President Harris, asking the federal government to protect access to this care. In the face of threats from state officials saying they will try to ban or severely restrict access to medication for reproductive health care, the President directed the Secretary of Health and Human Services to identify all ways to ensure that mifepristone is as widely accessible as possible in light of the FDA’s determination that the drug is safe and effective—including when prescribed through telehealth and sent by mail.
On the 49th anniversary of Roe v. Wade, President Joe Biden and Vice President Kamala Harris issued a statement asserting their commitment to protecting women’s reproductive freedom:
The constitutional right established in Roe v. Wade nearly 50 years ago today is under assault as never before. It is a right we believe should be codified into law, and we pledge to defend it with every tool we possess. We are deeply committed to protecting access to health care, including reproductive health care—and to ensuring that this country is not pushed backwards on women’s equality.
In recent years, we have seen efforts to restrict access to reproductive health care increase at an alarming rate. In Texas, Mississippi, and many other states around the country, access to reproductive health care is under attack. These state restrictions constrain the freedom of all women. And they are particularly devastating for those who have fewer options and fewer resources, such as those in underserved communities, including communities of color and many in rural areas.
The Biden-Harris Administration strongly supports efforts to codify Roe, and we will continue to work with Congress on the Women’s Health Protection Act. All people deserve access to reproductive health care regardless of their gender, income, race, zip code, health insurance status, immigration status, disability, or sexual orientation. And the continued defense of this constitutional right is essential to our health, safety, and progress as a nation.
We must ensure that our daughters and granddaughters have the same fundamental rights that their mothers and grandmothers fought for and won on this day, 49 years ago—including leaders like the late Sarah Weddington, whose successful arguments before the Supreme Court led to the landmark Roe v. Wade decision in 1973.
At this pivotal moment, we recommit to strengthening access to critical reproductive health care, defending the constitutional right established by Roe, and protecting the freedom of all people to build their own future.
The Vice President recorded a video message reiterating our administration’s commitment to protecting constitutional rights. “Roe v. Wade advanced women’s equality and that case saved women’s lives,” Harris says in the video. Read the Full Exclusive Here
HHS Secretary Becerra Takes Action to Protect Reproductive Health Care
New Task Force Launched on Eve of Roe v. Wade Anniversary
The task force includes subject matter experts from across the department. The HHS Assistant Secretary for Health and the HHS Assistant Secretary for Global Affairs will serve as the co-chairs of this coordinating body. The task force’s primary goal is to facilitate collaborative, innovative, transparent, equitable, and action-oriented approaches to protect and bolster sexual and reproductive health.
“As we commemorate the 49th anniversary of Roe v. Wade, we recommit to protecting and strengthening access to reproductive health care, including the right to safe and legal abortion care that the Supreme Court has recognized for decades,” said Secretary Becerra. “Patients have the right to make decisions about their own bodies. In light of restrictive laws across the nation, HHS will evaluate the impact on patients and our communities. That’s why today, I have launched the first Intra-agency Task Force on Reproductive Healthcare Access. Once again, we are telling health care providers and patients, we have your back.”
“Across America, we must protect access to sexual and reproductive health,” said HHS Assistant Secretary for Health Admiral Rachel Levine, MD. “Establishing a new task force dedicated to this critical public health topic will advance policies that improve reproductive health care access within Federal programs and services, eliminate health disparities, and expand access to culturally competent health care services for underserved communities, including people of color, people with disabilities, young people, LGBTQI+ people, and others.”
“Advancing sexual and reproductive health and rights is central to our core global health goals, including our focus on addressing health inequities and expanding access to universal health coverage,” said HHS Assistant Secretary for Global Affairs Loyce Pace. “In order to build back better in the U.S. and around the world, we must ensure that all people can access high quality health care, including sexual and reproductive health care services.”
HHS has taken several meaningful actions under the Biden-Harris Administration to protect and bolster reproductive health, rights, and justice, including:
The Department issued a new final rule for Title X, the nation’s family planning program, to ensure access to equitable, affordable, client-centered, quality family planning services.
The Department announced $6.6 million through the Title X family planning program to address the demand for family planning services where restrictive laws and policies have impacted reproductive health access, or in states where there is a lack of or limited Title X access.
The Department has advanced maternal health priorities, including expanding access to postpartum Medicaid coverage, rural health care services, and implicit bias training.
The Department has issued guidance on both nondiscrimination requirements of the Church Amendments protecting health care providers through its Office for Civil Rights and providers’ legal obligations and protections under the Emergency Medical Treatment and Labor Act (EMTALA) through the Centers for Medicare & Medicaid Services to provide medical treatment to a pregnant patient who presents to the emergency department regardless of conflicting state laws or mandates that might seek to prevent such treatment.
Tens of thousands took to the streets of New York City on Saturday, January 19, 2019 for the third annual Women’s March organized by the Women’s March Alliance, calling for action on a Woman’s Agenda that encompasses everything from pay parity, paid parental leave and reproductive freedom, to immigration reform, gun violence prevention, climate action, criminal justice reform – in other words, the gamut of social, political, environmental and economic justice. (See also With Cry of ‘Your Voice Your Power,’ Alliance Mounts 3rd Annual Women’s March on NYC Jan. 19)
The marchers got particularly animated outside of
Trump Tower Hotel on Central Park West, chanting “Shame, Shame, Shame,”
extending a finger, and waving placards calling for “Indict, Impeach, Imprison.”
The protesters use their bodies as message boards. Here are highlights:
Governor Andrew M. Cuomo was joined today by Nassau County leaders at a rally in New Hyde Park to fight to protect women’s reproductive rights. State and local leaders called on the Senate to return to Albany to codify Roe v. Wade into New York State Law. The rally follows the federal government’s decision Monday night to nominate Brett Kavanaugh to the Supreme Court. The Governor vowed to take action to defend New York’s progressive values against the extreme conservative agenda of the Trump Administration, including the fight to codify the protections of Roe v. Wade into state law. New actions were also announced by the Governor on Monday to protect reproductive rights in anticipation of this Supreme Court Justice nomination.
“This federal government is threatening basic values New York and this entire nation were built upon, and while extreme conservatives in Washington make destructive decisions that violate the rights of our residents, New York is fighting to protect the progressive accomplishments that we have made,” Governor Cuomo said.“I call on every Senate Republican to come back and reconvene in Albany – no excuses. The Assembly will support codification of Roe v. Wade, I will sign the bill, the Senate Democrats will vote in favor of it and we will pass Roe v. Wade for New York.”
Noting that elections have consequences, Cuomo laid out the challenge to return to Albany to codify Roe into state law as a line in the sand.
“When you’re talking to our friends the Republican Senators, remind them in 1970, before Roe v. Wade, which was 1973, this state legalized abortion. 1970. With a Republican Senate and a Republican Governor because we understood it wasn’t a partisan issue, it was a fairness issue. It was a health issue. It was an equality issue. It was a woman being able to control her own body issue. We did it in 1970, don’t tell me in 2018 the Republican Senate is going to go backwards from 1970. We have to call to question. Elections have consequences and this is binary. They’re with us, they’re against us. And if they don’t come back, if they don’t codify Roe v. Wade, you know what we’re going to say?
“In the immortal words of President Trump, to the senators who won’t come back and sign a bill, you’re fired. We’re protecting the women in the state of New York. Women’s rights come first. Let’s sign the state Executive Order.”
Lieutenant Governor Kathy Hochul who attended a similar rally to protective reproductive rights with Governor Cuomo in Yonkers earlier, said, “I lost my seat in Congress over my steadfast support of the Affordable Care Act and the contraception mandate, and I know how critically important it is to protect these rights at the state level. That is why I stand with the Governor and the women of this great state in fighting back to ensure protections and safety for women when it comes to their reproductive health. Given all that is happening in Washington, these actions will protect women’s reproductive rights. As President of the State Senate, I’m also calling on Senate Republican leadership to protect the women of this state and pass the Reproductive Health Act and codify Roe v. Wade. No one should tell us what to do with our bodies. Not now, not ever.”
For years, Governor Cuomo has pushed to codify the Supreme Court’s Roe v. Wade decision and subsequent rulings into state law to secure women’s access to reproductive health options, and noted that Republicans made a pretense of supporting women’s rights but blocked any consideration on the floor based on the federal protection under Roe. Now the Governor is calling their bluff and calling for the passage of legislation to protect the right of women to make personal health care decisions and ensure that health care professionals can provide these crucial services without fear of criminal penalty. The Assembly has passed legislation to codify the protections of Roe v. Wade for the last six years, including during the 2018 Legislative Session.
Additionally, through regulations by the Department of Financial Services and Department of Health, as directed by the Governor on Monday, New York State will ensure an insurer must cover over the counter emergency contraception in addition to all other contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration and, as well as the dispensing of 12 months of contraceptive at one time, all without co-insurance, co-pays or deductibles. The Executive Order signed by the Governor on Monday, in addition to today’s rally, builds on Governor Cuomo’s 2018 Women’s Agenda: Equal Rights, Equal Opportunity.
The updated DFS regulation mandates that health insurers:
Expand coverage requirements for contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration. Require coverage for emergency contraception with no cost sharing when acquired in any lawful manner including on an over the counter basis from an out of network pharmacy;
Permit a woman to fill 12 months of a prescribed contraceptive at one time, removing the previously required three-month trial period;
Cover voluntary sterilization procedures for women and over-the-counter contraceptives without cost-sharing; and
Do not place restrictions or delays on contraceptive coverage not otherwise authorized under the regulation. This provision would prohibit quantity limits and other such restrictions.
The regulation codifies guidance issued in January 2017 regarding information that must be provided in formularies regarding contraceptives, including noting which contraceptives are covered without cost-sharing. Insurers will be required to publish an easily accessible, up-to-date, accurate and complete list of all covered contraceptive drugs, devices and other products on their formulary drug lists, including any tiering structure and any restrictions on the manner in which a drug may be obtained.
The accompanying DOH regulations permit a woman insured through Medicaid to fill 12 months of a prescribed contraceptive at one time, whereas previously, the limit was three months.
A copy of the proposed regulations can be found here.
“Women’s rights are under attack. Another Trump-appointed Justice will guarantee an ultra-conservative Court that is even more hostile to women’s health care protections. This will have dire consequences if we don’t act because New York decriminalized abortion before the Roe v. Wade decision,” Senate Minority Leader Andrea Stewart-Cousins said. “The women of New York State are looking to us to protect their hard-won rights, and we must not fail them.”
“The administration in Washington is preparing yet another assault on women’s reproductive rights with the nomination of an ultra-conservative Supreme Court justice. Earlier this year, and in countless previous legislative sessions, the New York State Assembly passed legislation to codify Roe v. Wade,” Assembly Speaker Carl Heastie said. “Year after year, our Republican colleagues in the Senate neglect to pass this legislation, insisting there is no threat to Roe v. Wade. Their inaction has shamefully put women’s reproductive health care in jeopardy. It’s time to codify Roe v. Wade. No more excuses.”
“The Trump Administration is committed to ensuring that millions of women across America lose essential access to the health care they absolutely require. We are facing an unprecedented attack on our health care, and rights by a federal government determined to replace evidence-based medically accurate public policy with politically driven ideology,” Robin Chappelle Golston, President & CEO, Planned Parenthood Empire State Acts, said. “Governor Cuomo is standing up today to remind the nation that New York won’t go backwards; we won’t sit back quietly as our rights evaporate and we will resist this dismantling of our constitutionally protected rights.”
“Armed with a Supreme Court vacancy, the Trump regime is poised to pack the court in an effort to undo Roe v. Wade and curtail abortion to an extent not seen since 1973. New York can no longer put off fixing our state’s broken abortion law,” New York Civil Liberties Union Executive Director Donna Lieberman said. “The Reproductive Health Act would take abortion out of the criminal code so that New York can be a safe-haven where women and their health are valued and protected. That means codifying Roe and ensuring access to the information and services women — including pregnant women — need to protect their health.”
Andrea Miller, President of the National Institute for Reproductive Health said, “Governor Cuomo’s executive order today proves that, regardless of what happens at the federal level, states have tremendous power to shape their own state laws and can act now to protect women from the full-blown assault on their reproductive health and rights. The best defense against a hostile Supreme Court and Trump-Pence Administration is a strong state-level offense. States around the country should take note of this action – and Governor Cuomo’s previous regulations – and help lead the movement for reproductive freedom from the ground up.”
Cuomo Draws Line in the Sand for State Republican Lawmakers
Cuomo said that with the Trump administration dismantling rights – civil rights, voting rights, environmental and financial protections, a woman’s right to choose – it is up to the states to take action.
“Every day this federal government does something that is shocking to our senses…It’s shocking to us in New York because we are the exact opposite. We’re night and day from who they are and what they believe so we’re continually in a state of shock, but they are doing what they said they were going to do, and elections have consequences.
“And it is a wake-up call to all of us. My daughters, you know if you’re 21, 22, 23, young women you never even questioned your reproductive rights. You grew up in a generation where you just assumed, you know Roe v. Wade was 1973. 1973. Generations just grew up assuming this was the way it was. Couldn’t even imagine that a woman wouldn’t have the right to control her own body. That’s what they are saying. And they are serious. And it’s not just politics and this isn’t just a game. They are doing it. They’re doing what they said they would do
“They have their own view of what religions are right and what lifestyles are right and what sexuality is right and who should be an American and who shouldn’t be an American, and they are going to enforce that. It’s the greatest act of political hypocrisy, because conservatives used to stand for limited government, right? Less federal government. Leave it to the states, leave it to the individual rights.
“They are on track to overturn Roe v. Wade. That’s what they want to do. That’s what they’ve wanted to do since it was passed in 1973. And it is a shock to the system. How could we possible go back to those days? Who even remembers what it was like before, when a woman couldn’t have an abortion? How many lost their lives, were damaged because of what they had to do in that situation? And that is what we’re looking at. They are pro-life.
“They also have their view of sexuality and they don’t agree with the LGBTQ community and that’s why they treat them as second-class citizens. Wanted to keep transgender out of the military, regardless of service, regardless of merits. They believe who should be an immigrant and who shouldn’t be an immigrant. A little hypocritical since we’re all immigrants, but they now decide they’re going to close the door. The separation of family policy – isn’t that a coincidence? They knew exactly what they were doing. They wanted to stop people at the border. The first point was, build a wall. I am going to build a big wall, nobody can come. The President didn’t get a wall so he went to the “zero tolerance” policy. And now what he says to families is, if you show up, I’m going to take your children from you and send them to a place where you don’t even know where they are. He knew exactly what he was doing. It was a deterrent to stop people from coming when he couldn’t get the wall.
“They’re going to tell you which religion is right. They don’t believe that Muslims are an appropriate religion, and that’s the travel ban. They don’t believe with labor unions. Thank God for the teamsters. They don’t want labor unions. They just passed the Janus decision with the Supreme Court because they don’t want these annoying unions being able to organize employees, making it harder for management to negotiate with the workforce. It’s who they are and what they said they were going to do. And it is a frightening reality.
“We believe the opposite and it’s incumbent on us to act. To act. We’re not going to let them change our values. We’re not going to let them change or philosophy. We’re not going to let them change the way we treat one another. We’re not going to let them change our tolerance to intolerance. We’re not going to allow them to divide us. They’re not going to pick who has the right lifestyle and who has the right religion and who has the right sexuality and who has the right income level to deserve respect. We’re not going to let them do that.
“Federal government has rights, but you know what there was before the federal government? There were state governments and there were states’ rights. And states have the ability to stand up and act. And when they wouldn’t do anything in the face of the #MeToo movement, this state stood up and said, we’re going to pass the strongest anti-sexual harassment law in the United States of America. When they separated families at the border, this state stood up and said, that’s unconstitutional, it’s illegal, it violates due process, and we’re suing the federal government to put those families back together and to stop the separation.
“And we have to do the same thing on the issue of choice. They are going to overturn Roe v. Wade. We need a New York State law that codifies Roe v. Wade into the New York State law. And we need that law in place before they overturn Roe v. Wade in the Supreme Court. Now, we’ve been trying to get the New York State legislature, the Senate, to pass a New York State Roe v. Wade. That’s all the law would say. Take the federal ruling in Roe v. Wade—1973—and enact it into a state law.
“Currently, the New York State law is not as strong as Roe v. Wade because we had Roe v. Wade. And I’ve been arguing with the Republicans in the Senate, frankly, why don’t we codify it into New York state law? And the Republican Senators have been saying to me, well we have Roe v. Wade. We don’t need it. No one would be crazy enough to overturn Roe v. Wade. That’s the answer JoAnn has been getting for years when Planned Parenthood would lobby for New York State law. We don’t need it, we have Roe v. Wade. Well you know what? Now we need it. Now we need it.
“And I want the New York State Senators to come back today, tomorrow, to go to Albany, and pass and New York State Roe v. Wade, period. And no excuses. No excuses. For years they’ve been doing this dance, the Republican Senators. Privately they say, I’m pro-choice, I’m pro-choice. When the bill comes up, I’m going to vote pro-choice. [Planned Parenthood of Nassau County CEO]JoAnn [Smith] will tell you. But then, they never let the bill come up. We tried to force a vote this legislative session. They won’t put the bill on the floor. Why? It’s a little game they play. It allows them to say privately, when the bill comes up, I’ll vote yes. But, the bill never comes up, so they can tell one audience, yes, I’m pro-choice. Then they can go to another audience and say, we’ll never pass choice in the state of New York.
“We have to call to question. This is binary. This is black and white. You are either pro-choice or you are not pro-choice and we don’t have Roe v.Wade to fall back on anymore. It’s only what we have in New York State law. And the New York State law does not go as far as Roe v. Wade and if we have only the New York State law, we’re in trouble. It does not do life and health. It is in the criminal code. We will have a problem. We need that law. We have to call to question and we have to say to the Republican Senators who have been having it both ways for too long, that’s over. You are with us or against us. And if you are with us don’t just tell me. Go up to Albany and pass a bill. That’s how I know that you are with the women and the men of this state who support choice. That’s what it has to be.
“In the meantime, I’m going to sign an Executive Order that guarantees the women in this state the right to contraception. I don’t care what the insurance company says or what the bureaucracy says. Women have the right to contraception. But we have to learn the lesson, my friends. Elections have consequences. Elections have consequences. And this is a wakeup call. If what they did on immigration and unions and what they did to Muslims wasn’t enough, this is an attack on every woman’s rights to control her own reproductive health in the United States of America. This is a direct attack on what we knew in 1970.”
Nassau County leaders who joined the Governor today in calling on the State Senate to reconvene and codify Roe v. Wade into state law included:
Nassau County Executive Laura Curran
Nassau County District Attorney Madeline Singas
Nassau County Legislator Ellen Birnbaum
Town of North Hempstead Supervisor Judi Bosworth
Town of North Hempstead Councilwoman Anna Kaplan
Town of North Hempstead Councilwoman Lee Seeman
Town of North Hempstead Clerk Wayne Wink
Town of Hempstead Clerk Sylvia Cabana
JoAnn Smith, President and CEO, Planned Parenthood of Nassau County
Rebecca Sanin, President and CEO, Health and Welfare Council of Long Island
Matty Aracich, President, Nassau and Suffolk Building Trades Council
Governor Andrew M. Cuomo unveiled the 2018 Women’s Agenda for New York: Equal Rights, Equal Opportunity and released the Report on the Status of New York Women and Girls: 2018 Outlook. The Agenda consists of 30 proposals addressing health, safety, workplace, girls and family to advance equality and promote opportunity.
Health: pass comprehensive contraceptive coverage; codify Roe v Wade into state law and Constitution; improve access to IVF and fertility preservation services; launch a multi-agency effort to combat maternal depression; establish the Maternal Mortality Review Board to develop policies that will save lives; add experts in women’s health and health disparities to the State board of Medicine
Safety: Pass the Equal Rights Amendment to the state’s constitution to protect against discrimination on the basis of sex; remove firearms from domestic abusers; end sextortion and revenge porn; extend the storage timeline for forensic rape kits a hospitals from 30 days to at least five years or when the victim turns 19; extend human rights law protections to all public school students.
Workplace: combat sexual harassment in the workplace, including a uniform code binding on state government; prevent taxpayer funds from being used for settlements; cal on the NYS common Retirement Fund to invest in companies with women and minority leadership; reauthorize the Minority Women Owned Business Enterprise Program; create a new Women Lead Fellowship; close the gender wage gap; support women returning to or advancing in the workforce with training and job placement services; close the financing gap for women-owned businesses; make NYS as a model employer for working parents.
Girls: Close the gender gap by giving youngest learners access to computer science and engineering ; launch a new program to enable young girls to shadow women leaders in “non-traditional” fields; continue the NYS mentoring program; create a new a K-12 learning module on healthy relationships; ensure access to menstrual products in public schools;
Family: invest $25 million to expand pre-K and after school programs; increase state funding for child care subsidies; continue the enhanced child care tax credit; establish a Child Care Availability Task Force; ensure equal access to diaper changing stations in public restrooms.
The full Report on the Status of New York Women and Girls: 2018 Outlook reflects the feedback, voices and opinions of women all over the state and is available here.
“From the birth of the women’s rights movement at Seneca Falls to the most comprehensive Paid Family Leave policy in the nation, New York leads the nation in championing women’s rights and breaking down barriers to equality,” Governor Cuomo said. “In 2018, we will build on this progress and continue to advance equality across all areas of life. While the federal government seeks to roll back women’s rights, New York State looks toward the future, with this bold set of proposals to create opportunity for women to succeed in every area: work, health, safety, education and family life.”
Melissa DeRosa, Secretary to the Governor and Chair of the New York State Council on Women and Girls, said, “I know how demoralizing the 2016 election was for many of us. But in many ways it was also the empowering wake-up call we needed. It helped us find our voice, and our backbone. And for our mothers and grandmothers who came before us and our daughters and my nieces who come after, I promise you this: we will not let this moment pass us by. We have an obligation to ourselves and to them. We will be the change required by this moment: in policy, in practice, in the workplace and all across society. With words and with action. If last year was a reckoning, this year is a battle. And in that fight, New York will lead the way.”
“New York State is serious about changing a culture that enables sexism and violence against women,” Lieutenant Governor Kathy Hochul, Chair of the New York Women’s Suffrage Commission, said. “As the birthplace of the women’s rights movement, New York just marked the centennial of women’s suffrage and we are using this moment to bring about our vision of a world where women’s and men’s lives and potential are equally valued.”
Assemblywoman Crystal D. Peoples-Stokes, Legislative Ambassador to the New York State Council on Women and Girls said, “Everyone deserves a fair shot at the American Dream, and Governor Cuomo has shown his dedication to achieving that promise for all of New York’s hard-working women and girls. By implementing this all-encompassing agenda to ensure every woman has the opportunity to earn an education, attain a decent job and lead a quality life – New York is setting an example for the rest of the nation and the world on the true worth and value of every citizen of this state.”
Many of the policies and laws that Governor Cuomo has already set in motion to advance women’s equality and opportunity will go into effect in 2018, including Paid Family Leave, raised minimum wage and regulations to protect access to contraception no matter what happens at the federal level.
Here are more details about the specific proposals:
Pass the Comprehensive Contraceptive Coverage Act: Governor Cuomo will advance legislation to codify access to contraception, including emergency contraception, into New York State law, by passing the Comprehensive Contraceptive Coverage Act.
Codify Roe V. Wade into State Law and Constitution: This year, the Governor will again call for the passage of legislation to ensure the right of women to make personal health care decisions to protect their health in addition to their life and ensure that health care professionals can provide these crucial services without fear of criminal penalty. The Governor will also continue to champion a constitutional amendment to codify these protections into the state constitution.
Improve Access to IVF and Fertility Preservation Services: Governor Cuomo will direct the Superintendent of Financial Services to evaluate the best approach for incorporating coverage for in vitro fertilization into New York’s infertility mandate and update New York Law to ensure individuals have access to fertility preservation services when appropriate.
Launch Multi-Agency Effort to Combat Maternal Depression:To strengthen and support the ability of New York’s health care providers to deliver care to mothers experiencing maternal depression, Governor Cuomo will advance an aggressive strategy to ensure that all new mothers have access to screening and treatment.
Establish the Maternal Mortality Review Board to Save Lives:The Governor will launch a Board that will implement an enhanced multidisciplinary analysis to review each and every maternal death in the New York State and to develop actionable recommendations to improve care and management.
Add Experts in Women’s Health and Health Disparities to the State Board of Medicine:The Governor will propose legislation to require that one of the doctors on the State Board of Medicine be an expert on women’s health and one of the doctors be an expert in health disparities.
Pass the Equal Rights Amendment: Nearly a century after it was first proposed, New York State has still not passed the Equal Rights Amendment to protect against discrimination on the basis of sex in our State constitution. To right this decades-old wrong, Governor Cuomo will push to pass the Equal Rights Amendment to add sex as a protected class.
Remove Firearms from Domestic Abusers:To ensure that no domestic abuser continues to possess a firearm, Governor Cuomo will advance legislation to update the list of prohibited offenses to include those domestic violence misdemeanors which are shockingly absent from current law.
End Sextortion and Revenge Porn:Governor Cuomo proposes a two-pronged approach that will criminalize disclosing or threatening to disclose sexually compromising images or videos with the intent to cause material harm to the victim’s mental or emotional health or to compel the victim to undertake some sexual act; and compelling a person to expose him or herself or engage in sexual conduct by threatening to harm the victim’s health, safety, business, career, financial condition, reputation or personal relationships.
Extend the Storage Timeline for Forensic Rape Kits at Hospitals: Governor Cuomo will advance new legislation to extend the length of time sexual offense evidence collection kits are preserved from 30 days to at least five years, or when the victim turns 19.
Extend Human Rights Law Protections to All Public School Students Statewide:New York has the proud distinction of being the first state in the nation to enact a Human Rights Law, affording every citizen “an equal opportunity to enjoy a full and productive life.” However, the law does not currently protect public school students due to a court ruling. Governor Cuomo will advance legislation to amend the Human Rights Law to protect all public school students from discrimination. All students in the State of New York must have the right to pursue an education free from discrimination.
Combat Sexual Harassment in the Workplace:The Governor proposes a multi-pronged plan that targets sexual harassment in the workplace. Governor Cuomo will advance legislation to prevent taxpayer funds from being used for settlements against individuals relating to sexual assault or harassment and to ensure that individual harassers are held accountable; propose a uniform code of sexual harassment policies binding on all State branches of government, agencies and authorities; and propose legislation to prohibit confidentiality agreements relating to sexual assault or harassment for all public entities and branches of government—State and local—unless it is the express preference of the victim.
Call on the New York State Common Retirement Fund to Invest in Companies with Women and Minority Leadership:Governor Cuomo will call for the New York Common Retirement Fund to invest in companies with adequate female and minority representation in their management and on their boards of directors. The Governor will work with Comptroller DiNapoli to put in place processes and standards to systematically invest in companies that invest in women and minority leadership.
Reauthorize MWBE Program Legislation and Expand the MWBE Program to All State-Funded Contracts:The Governor will advance legislation that will seek the reauthorization of the State’s Minority and Women-owned Business Enterprise Program, which is due to expire this year, and increase the participation of minority and women-owned businesses in all levels of State contracting—both prime contractors and subcontractors, and propose legislation during the 2017 session that will expand the MWBE Program to more contracts entirely funded by the State.
Establish the Women Lead Fellowship for Women in Government: To recruit more talented women to work in the highest levels of New York State government, the Governor proposes creating the new Women Lead Fellowship. Ten new fellows will be placed alongside some of the most senior female officials within the Executive Branch.
Close the Gender Wage Gap:In 2017, Governor Cuomo directed the Department of Labor to launch a gender wage gap study to identify the root causes of the gender wage gap—as well as strategies to close it. To review the causes, scope and economic impact of the gender pay gap in New York State, DOL held hearings and stakeholder discussions across the State and solicited testimony from a diverse array of academic experts, women’s groups, workers, business owners and the public. In 2018, DOL will unveil the results of their analysis, as well as a comprehensive suite of policy recommendations to help close the gap.
Support Women Returning to or Advancing in the Workforce:As part of a new Fund for the Future, Governor Cuomo will pursue a new Women’s Economic Empowerment Initiative, supporting female-headed households and providing training and job placement services accompanied by the critical wrap-around services women need to move toward economic self-sufficiency.
Power Women-Owned Businesses by Taking Steps to Close the Financing Gap:At the Governor’s direction, New York State’s Innovation Venture Capital Fund will set a goal of investing $20 million to support women as they grow and scale their businesses.
Establish New York State as a Model Employer for Working Parents:Recognizing that a 21st century workforce requires a 21st century workplace, Governor Cuomo will take new actions to establish New York State as the best employer for working parents, including issuing a memo about increasing the use of flexible work schedules and establishing permanent, private, nursing mothers’ rooms and designate priority parking spots for pregnant people at all OGS buildings with dedicated parking lots.
Close the Gender Gap by Giving the Youngest Learners Access to Computer Science and Engineering: This year, Governor Cuomo will launch the Smart Start Computer Science Program, New York’s largest state investment to expand high-quality computer science education and create model computer science standards.
Launch “If You Can See It You Can Be It,” A Day for Girls to See What is Possible: As part of Take Our Daughters to Work Day, born over 25 years ago in New York, New York State will enhance internal programming and partner with top New York companies to give more young girls the opportunity to shadow women leaders in “non-traditional” fields. The State will also be working to connect homeless youth, youth in foster care and young people from low-income areas to programming where they live.
Continue the Successful New York State Mentoring Program: Recognizing the importance of the role of a supportive adult in a child’s life, Governor Cuomo relaunched the New York State Mentoring program in 2015. In 1984, at the request of her husband, Governor Mario Cuomo, Mrs. Matilda Raffa Cuomo created and implemented The New York State Mentoring Program, the nation’s first statewide unique school based one-to-one mentoring program to prevent school dropout. Today, the New York State Mentoring program serves 1,766 students in 97 school-based sites across New York State.
Create the “Be Aware-Be Informed” Learning Module to Empower Young People to Forge Healthy Relationships:Governor Cuomo proposes that State Education Department and the Department of Health coordinate to create a K-12 learning module on healthy relationships. Such curriculum will include the same definition of consent used in the successful Enough is Enough law to foment a common understanding for all students.
Ensure Access to Menstrual Products in Public Schools: Governor Cuomo will propose legislation requiring school districts to provide free menstrual products, in restrooms, for girls in grades 6 through 12. This important step will make New York State a leader in addressing this issue of inequality and stigma, ensuring that no girl’s learning is hindered by lack of access to the products her biology demands.
Invest $25 Million to Expand Vital Pre-K and After-School Programs:In order to fulfill the promise of universal pre-kindergarten, and alleviate the child care burden on working families, Governor Cuomo will invest $15 million to continue to expand universal pre-kindergarten for high-need students around the state, creating 3,000 new slots. To ensure that as many students as possible have a safe and supportive place to go after-school, the State will launch an additional $10 million round of Empire State After-School Grants to create 6,250 new slots in high-need areas—especially communities with high rates of homelessness.
Increase State Funding to Provide Working Families with Affordable Child Care: Child care subsidies help parents and caretakers pay for some or all of the cost of child care. Families are eligible for financial assistance if they meet the State’s low income guidelines and need child care to work, look for work or attend employment training. This year, Governor Cuomo will increase State support for child care subsidies by $7 million above FY 2018 Budget funding levels, restoring recent cuts and sustaining a record level of funding.
Continue the Enhanced Child Care Tax Credit for Middle Class Families:In 2017, Governor Cuomo created the Enhanced Middle Class Child Care Tax Credit to reduce child care costs for working families. This expansion more than doubled the benefit for 200,000 families. This year, Governor Cuomo will continue the Enhanced Child Care Tax Credit for working families to continue to alleviate costs for families and support the needs of working parents.
Establish the Child Care Availability Task Force:To build on his investments in child care and the development of safe, accessible, and affordable child care, the Governor is establishing a new Child Care Availability Task Force. This task force, which will include representatives from the child care provider community, the advocacy community, representatives of the business community, unions that represent child care providers, representatives from several state agencies and local departments of social services, will be responsible for examining access to affordable child care; availability of child care for those with nontraditional work hours; statutory and regulatory changes that could promote or enhance access to child care; business incentives to increase child care access; and the impact on tax credits and deductions relating to child care.
Ensure Equal Access to Diaper Changing Stations in Public Restrooms:Governor Cuomo proposes to change New York’s Uniform Building Code to require all new or substantially renovated buildings with publicly accessible restrooms to provide safe and compliant changing tables. Changing tables will be available to both men and women, and there must be at least one changing table accessible to both genders per publicly-accessible floor.
Senator Catharine M. Young, Legislative Ambassador to the New York State Council on Women and Girls said, “I am honored to work with the strong, principled and extraordinarily dedicated women of the Council to address the everyday challenges faced by women in communities across this state. We bring to our discussions, varying viewpoints and ideas on how best to advance the equality and opportunities that we all want for women and girls across New York. The Governor’s 2018 Women’s Opportunity Agenda unveiled today reflects a shared commitment to these ideals and new ideas for building on New York’s historic record of fighting for the rights of women in this state and nation.”