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Abortion rights: Why New York is swimming against the national tide

New York Gov. Andrew Cuomo has come under fire for proposing a bill relaxing abortion controls even as many other states push restrictions. His office says the bill aims to strengthen Roe v. Wade.

Former Gov. George Pataki, the Roman Catholic Church, and now Fox News host Bill O鈥橰eilly have joined a growing chorus of voices blasting New York Gov. Andrew Cuomo (D) for championing an abortion bill that would provide access to late-term abortions if a woman鈥檚 health is endangered or the fetus is not viable.

The latest opponent to join the ring, Mr. O鈥橰eilly, called Governor Cuomo 鈥渂arbaric鈥� last Thursday on the and said he wants 鈥渢o legalize late-term abortion for any reason ... a migraine headache, a hang nail, a panic attack.鈥�

It鈥檚 no surprise the governor鈥檚 proposed Reproductive Health Act is gaining so much attention. The chorus of protests began after Cuomo outlined the proposed legislation in his January State of the State address, as part of a broader package聽of women's rights initiatives. One of the country鈥檚 most liberal pieces of abortion legislation, the bill goes against the national tide, attempting to relax abortion controls at a time when many other states are seeking restrictions.

Last year 19 states enacted 43 provisions restricting abortion access, according to the , an abortion advocacy and research group. Not one measure was adopted to expand abortion access. In 2011, a record-breaking 92 abortion restrictions were enacted.

鈥淧retty much all of the energy, all of the momentum, has been to restrict abortion, which makes what could potentially happen in New York so interesting,鈥� Elizabeth Nash of the Guttmacher Institute, told . 鈥淭here鈥檚 no other state that鈥檚 even contemplating this right now.鈥�

Cuomo鈥檚 office has said his Reproductive Health Act is an effort to reinforce Roe v. Wade to protect the reproductive rights of women should the Supreme Court overturn the court鈥檚 landmark abortion ruling.

"The governor would simply realign our outdated state laws to federal law and existing state practice," said Cuomo鈥檚 counsel, Mylan Denerstein, in an . "The Supreme Court could always change and we want to protect a woman鈥檚 current right to choose."

Cuomo鈥檚 office has said the legislation would not expand state laws beyond federal standards. New York State鈥檚 existing law, which was passed in 1970, currently allows abortions after 24 weeks of pregnancy only if a woman鈥檚 life is at risk, while federal law allows late-term abortions to protect a woman鈥檚 health even if her life is not in danger.

The bill 鈥� one plank of a 10-part Women鈥檚 Equality Act that would also seek to install equal pay, anti-trafficking and anti-discrimination legislation 鈥� would allow licensed health-care practitioners, not just physicians, to perform abortions. It would also remove abortion from the state鈥檚 penal law and enter it into public health law.

Opponents, led by O鈥橰eilly, have declared war on Cuomo鈥檚 proposal, saying it would be a radical expansion of abortion laws.

鈥淎ndrew Cuomo is barbaric. He鈥檚 just barbaric,鈥� O鈥橰eilly said on the Glenn Beck show. 鈥淚t鈥檚 so barbaric that people should be rising up, but you鈥檙e not going to see it because we鈥檙e too busy on our video games. We can鈥檛 pull ourselves away.鈥�

Later, , the conservative TV host said, 鈥淗e鈥檚 behind a proposed new law that would allow abortions in New York state to be performed at any time for pretty much any reason. Cuomo wants to decriminalize all abortion activity.鈥� I do not want my country to be a place of barbarism, and I will fight against that!鈥�

Taking another dig at Cuomo, O鈥橰eilly added 鈥渢he fact that he says he鈥檚 Roman Catholic is just staggering,鈥� and 鈥渋f there is indeed a judgment day, he better bring a good lawyer.鈥�

Cuomo鈥檚 Republican predecessor, former Governor Pataki, also expressed disapproval, saying the proposal amounts to 鈥減artial birth abortion.鈥澛�

鈥淚t is the wrong thing to do and I hope that the legislature in its wisdom takes a hard look at this and decides that New York should not,鈥� Pataki told conservative website .

Even the Roman Catholic Church has weighed in.

鈥淚 am hard pressed to think of a piece of legislation that is less needed or more harmful than this one,鈥� Cardinal Timothy M. Dolan, archbishop of New York, said in a in January.

In a Jan. 24 , he added, referring to Albany lawmakers, 鈥淚t鈥檚 as though, in their minds, our state motto, 鈥楨xcelsior鈥� (鈥楨ver Upward鈥�), applies to the abortion rate.鈥�

Cuomo鈥檚 office is fighting back, calling opponents鈥� claims 鈥渨ildly false misinformation,鈥� and insisting that the bill is not an expansion or radical change to existing law.

鈥淭he statements made by the opposition are outrageous and disingenuous,鈥� Mr. Denerstein wrote in the Op-Ed. 鈥淭he governor鈥檚 position is to purely codify existing federal law. To be clear, there would be no change whatsoever in law and practice now existing in the state of New York.鈥�

The battle is just beginning for Cuomo鈥檚 bill, which to become law, must be passed by a split state legislature, including a Democratically-controlled House and a Senate dominated by a coalition of Republicans.