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1075679
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Abortion
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1075679
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Abortion
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Vernon C. Loen and Charles Leppert Files
Vernon Loen's and Charles Leppert's General Subject Files
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Abortion
Legislation
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1976-09-30
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1976
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1976-02-01
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1976
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The original documents are located in Box 1, folder "Abortion" of the Loen and Leppert
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
February 3, 1976
What is your position on abortion?
I'm in a moderate position in that area. I do not believe in
abortion on demand. I do not agree with the Court decision
of 1971. On the other hand, I do not
agree that a
I think we have to recognize that
Constitutional amendment is the proper remedy.
there are instances when abortion should be permitted.
The illness of the mother, rape or any of the other unfortunate
things that might happen, so there has to be some flexibility.
I think the court decision went too far. I think a Constitutional
amendment goes too far. If there was to be some action in this
area, it's my judgement that it ought to be on a basis of what
each individual state wishes to do under the circumstances. Again
I should add, even though I disagree with the court decision,
I have taken an oath of office, and I will, of course, uphold
the law as interpretated by the court, but I think there is a
better answer.
decision
Doesn't the Supreme Court/itself seem to move against anv
possibility that the state can take any local action?
That is correct, but if there is to be a Constitutional amendment
and there are some suggestions in the Congress now that would
permit each state on its own through a vote of the people or
state
through its/legislative branch to adopt its own state regulations.
If there is to be one, I think that's a preferable answer rather
than the one that's recommended. by others.
GERALD FORD LIBRAST
Digitized from Box 1 of the Loen and Leppert Files at the Gerald R. Ford Presidential Library
But under the Supreme Court decision, that would presumably
take a Constitutional amendment to let the states do that.
That is correct.
FORD & LIBRARY GERALD
February 3, 1910
What is your position on abortion?
I'm in a moderate position in that area. I ão not believe in
abortion on demand. I do not agree with the Court decision
of 1971. On the other hand, I do not
agree that a
I think we have to recognize that
Constitutional amendment is the proper remedy.
there are instances when abortion should be permitted.
The illness of the mother, rape or any of the other unfortunate
things that might happen, so there has to be some flexibility.
I think the court decision went too far. I think a Constitutional
amendment goes too far. If there was to be some action in this
area, it's my judgement that it ought to be on a basis of what
each individual state wishes to do under the circumstances. Again
I should add, even though I disagree with the court decision,
I have taken an oath of office, and I will, of course, uphold
the law as interpretated by the court, but I think there is a
better answer.
decision
Doesn't the Supreme Court/itself seem to move against anv
possibility that the state can take any local action?
That is correct, but if there is to be a Constitutional amendment
and there are some suggestions in the Congress now that would
permit each state on its own through a vote of the people or
through its/legislative state branch to adopt its own state regulations.
If there is to be one, I think that's a preferable answer rather
than the one that's recommended. by others.
FORD : LIBRARY GERALD
But under the Supreme Court decision, that would presumably
take a Constitutional amendment to let the states do that.
That is correct.
EORD & LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
Date 9-14-76
TO: Bill BAROODY
FROM: CHARLES LEPPERT
Please Handle
For Your Information
Per Our Conversation
Other:
FORD j LIBRARY GERALD
SEP 14 1976
September 13, 1976
MEMORANDUM
TO: Charles Leppert, Jr., Special Legislative Assistant
FROM: John K. Meagher
RE: Legislation Providing Alternatives to Abortion
You asked for a listing of pending legislation
which relates to the above. Over the weekend, I did some
research on the subject and submit the following as per
your request. I would emphasize that this by no means is
a complete list and there may be other bills that I have
not found which deal with this subject. However, I think
the list herein is representative of the kind of bills that
are pending in Congress dealing with the subject.
In reviewing the question, I have concluded
that bills dealing with alternatives to abortion fall basi-
cally into three areas. First, there are those which do
something to immediately assist the pregnant woman. S.2538
introduced by Senator Kennedy is intended to insure that
teenagers have a "meaningful alternative to abortion" by
authorizing comprehensive health care for pregnant adoles-
cents before and after child birth. I believe that this is
a grant-in-aid type program which, in addition to providing
health care for adolescents who are pregnant, also provides
counselling and support services for centers where they can
go and perhaps even live. You would have to check the details
of the bill to get the specifics, but the thrust of it is to
try and provide governmental assistance for the immediate
problem of medical costs associated with delivery of a child
and I assume the costs that are incurred immediately after
delivery. In addition, national health insurance should pro-
vide medical benefits for pregnant women who are interested
in having their baby, but cannot afford it.
The second area is that of encouraging adoption
services. As you know many women, particularly teenage women,
are interested in having a child but cannot either afford or
- Page Two -
desire to keep the child. Some bills that deal with this
area are H.R. 11970 which establishes a registry of adoptable
children and H.R. 12917 which establishes an adoption services
fund. Both are apparently designed to make it easier for
women to have their children adopted. H.R. 426 and a series
of other bills pending before our Committee, would allow a
deduction from gross income for social agency, legal and
related expenses incurred in connection with the adoption of a
child by a taxpayer. These bills get at the issue of the high
cost of adoption. As you are aware under existing law, if an
individual incurs medical expenses attendant to the birth of a
child or an abortion and is not covered by a health insurance
program, that person can deduct the medical expenses in excess
of three percent of adjusted gross income and thus there is a
bias toward the medical route rather than the legal. On the
other hand, there is no comparable deduction for the legal
expenses attendant to adoption and it can be argued that many
families who might otherwise adopt a child do not do so be-
cause they have neither the financial wherewithall nor are
there sufficient tax incentives to do SO. My understanding is
that this may not be as critical a problem as it seems, since
there are very few children that are available for adoption
today. This situation is at least the result of the high num-
ber of abortions that are taking place in the country today.
The third area is somewhat more esoteric to the
issue of alternatives to abortion, but nonetheless I think
important. That is the issue of whether or not a woman who
becomes pregnant and is working will be able to continue to
work after she has her baby. The issue here is day care and
as you know, there are numerous proposals including the
Brademas-Mondale bill to provide extensive federal assistance
for the establishment and continuation of day care centers
around the country. More to the point, the tax reform bill
contains a tax credit for day care expenses incurred. The
change from a deduction to a credit is important since low-
income people who do not itemize their deductions cannot take
advantage of a deduction for these expenses, but would be able
to utilize a tax credit. The Senate adopted a floor amendment
sponsored by Senator Kennedy to the tax credit for the day care
part of the tax reform bill which would have made that credit
refundable, i.e., the woman involved who is low-income would
have received a payment from the government for a portion of
her day care expenses, even though she might not have paid any
tax. While this notion is somewhat alien to Republicans, it
is the most sensible approach to this problem since it essen-
tially allows women to go out and purchase day care wherever
- Page Three -
they can best do SO. If it is reflected in the withholding
tables, they will be able to have more cash available through-
out the year to provide these day care services. The refund-
able feature was not retained by the Conferees in the tax
bill.
For your information I am attaching a couple of
pages from the Congressional Research Services' listing of
major legislation. I have marked a couple of bills which I
think go to the issue you asked about.
Finally, let me say that it is important as
your people look at this issue to remember that the most
effective alternative to abortion is birth control. Of
course, this would not be something that the bishops would
be interested in pursuing since they are opposed to birth
control, as well as abortion. I would suggest that this
entire area is rather delicate and should be approached with
caution.
If you desire further information, please let
me know.
JKM:cjc
Enclosures