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' Administration,Agencies: ,..-. --=. ... ,- .-.:: 16 WACs Get Abortions Despite Ban by Patrick Sl oyan (Excerpted from Newsday) The Def ense Department has been authorizing abortions - ne=:::-:.-- 5,400 last year - for women in military service and the wives and daughters of servicemen. This violates Defense Department regulation and in some instances the la\vs of foreign nations wh0~e U S. troops are stationed. Pentagon officials privatel; blame Defense Secretary Schlesinger for "looking the other way" and refus ing to clarify Pentagon policy on abortion. Bernard Katz, a spokesman for the Army surgeon general, sai~ DOD policy based on executive order issued by former President Nixon in 1972, permits abortion only where physical or mental health is threatened. To get around the Pentagon regulations, military physicia~s have found a loophole. "You can just say mental health is invo:.·.-e:: in demand abortions," one Army doctor said. - - (5/11/75) ·.·. Digitized from Box 9 of the Philip Buchen Files at the Gerald R. Ford Presidential Library 1 1 Art Quern said he talked with J /Lazarus yesterday --:rpmtioned JS 1./~' the two memos he had sent you 7 on DOD abortion policies. Asked that I send copies to Lazarus. Called Lazarus and he said he had promised to call me and ask if I could check on the status and he would assist if Mr. Buchen wasn't able to get to them. The memos are with Chapman. So advised Lazarus -- Nancy had given him copies. THE WHITE HOUSE WASHINGTON May 14, 1975 MEMORANDUM TO: PHIL BUCHEN FROM: ART QUERN SUBJECT: DOD Abortion Policies As a follow-up to my memorandum of May 8 regarding DOD abortion policies, we have discovered in further research something that may make the issue much easier to resolve. As you will recall, the ACLU charges that DOD is still adhering to a 1971 Nixon Executive Order directing that any abortions on military bases be in accordance with relevant State law. The ACLU says this Order is in direct conflict with the 1973 Supreme Court ruling that State laws cannot limit abortions. What we have found, however, is that President Nixon issued a statement not an Executive Order concerning Defense abortion pract1ces (copy attached) • Obviously that fact changes the nature of t.he problem. For instance, perhaps the issue could be resolved by Defense making whatever policy changes are necessary on the subject, with no need to involve ·the President. We will need your guidance on this, though, and I will look forward to whatever thoughts you have. Thanks. Attachment . ."~.:--r~ ....... -.... ... ,. .. [127] Apr. 3 Public Papers of the Presidents I 27 Statement About Policy on Abortions at Military Base a great Hospitals in the United States. April 3, I97I some si: not see1 HISTORICALLY, laws regulating abor · From personal and religious beliefs I less seer tion in the United States have been the consider abortion an unacceptable form .... •' Sergear province of States, not the Federal Gov ·of population control. Further, un -~ ''-,-:~-·_": :~~:'¥:£;~' ·:t* menw!: ernment. That remains the situation restricted abortion policies, or abortion ·="'-·•- country .-~-~~; today, as one State after another takes on demand, I cannot square with my per ·::-:=·.i tion in~ up this question, debates it, and decides sonal belief in the sanctity of human in Nor< M-~~- it. That is where the decisions should be life-including the life of the yet unborn. Laos. made. For, surely, the unborn have rights also, Serge Partly for that reason, I have directed recognized in law, recognized even in symbol that the policy on abortions at American principles expounded by the United tional c military bases in the United States be Nations. young r made to correspond with the laws of the Ours is a nation ·with a Judea-Christian ,··, ~:'""!liiM., States where those bases are located. If heritage. It is also a nation with serious the laws in a particular State restrict social problems-problems of malnutri I29 abortions, the rules at the military base tion, of broken homes, of poverty, and·. hospitals are to correspond to that law. of delinquency. But none of these prob The effect of this directive is to reverse lems justifies such a solution.· To the c service regulations issued last summer, A good and generous people will not Ave!") which had liberalized the rules on abor opt, in my view, for this kind of alterna can gov• tions at military hospitals. The new ruling tive to its social dilemmas. Rather, it will future a legacy f• supersedes this-and has been put into open its hearts and homes to the unwanted sense, go effect by the Secretary of Defense. children of its own, as it has done for the pose oft But while this matter is being debated unwanted millions of other lands. in State capitals and weighed by various serve th~ NOTE: The statement was released at clition th courts, the country has a right to know Clemente, Calif. pare our my personal views. that futu ernment I 28 Message on the Opening of ~e I 97 I Baseball Season. bility for Prim ax April 5, I97I with Sta1 BY TRADITION the President of the L. Pitzer of the United States Army. No should. r United States or his representative signals President has ever been better represented help pro the beginning of the major league base than I am today. needs, bu ball season by throwing out the first ball. For four long years, Sergeant Pitzer thorities Although I regret that I cannot be at was a prisoner of the Viet Gong in South about ho Kennedy Stadium in Washington for this Vietnam. As he performs this American ways that opening game, I am very proud that my ritual of throwing out the first ball, he of our ch representative is Master Sergeant Daniel does so as a reminder that there are still cal authOJ /fc;i?"b'·., I am pro f<t,• (,.\ special re' i( .l. ~, '('!}\i ::<1 ''"~ :; 1 ,,.~:1 ~/ . 71-2: .. Administration,Agencies: .-,~--~-.­:: 16 WACs Get Abortions Despite Ban by Patr1ck Sloyan (Excerpted from Newsday) The Defense Department has been authorizing abortions - nea=:~ 5,400 last year - for women in military service and the wives and daughters of servicemen. This violates Defense Department regulation and in some instances the laws of foreign nations where U.S. troops are stationed. Pentagon officials privately blame Defense Secretary Schlesinger for 11looking the other way" and refusing to clarify Pentagon policy on abortion. Bernard Katz, a spokesman for the Army surgeon general, saic DOD policy based on executive order issued by former President Nixon in 1972, permits abortion only where physical or mental health is threatened. To get around the Pentagon regulations, military physiciar.s have found a loophole. "You can just say mental health is invo:.·.-e:: in demand abortions, .. one Army doctor said.-- (5/11/75) THE WHITE HOUSE WASHINGTON May 9, 1975 MEMORANDUM FOR: DUDLEY CHAPMAN BUCHE~Ltf.~. FROM: PHILIP Attached is a memo of May 8 to me from Art Quern with an accompanying memo. Kindly review and prepare suggested response for me to send. Attachment THE WHITE HOUSE WASHINGTON May 8, 1975 MEMORANDUM FOR: PHIL BUCHEN FROM: ARTQUERN ~~ SUBJECT: Department of Defense Abortion Policies This is to solicit your guidance in a question regarding Federal policy toward legal restrictions on abortions. Background Pam Needham and I recently met with representatives of the American Civil Liberties Union to listen to their comments regarding Federal agency abortion policies. We learned at the meeting that their major concern was a 1971 Executive Order signed by President Nixon which directed that any abortions on military bases should be performed in accordance with relevant State laws. Issue The ACLU is concerned that the 1971 Executive Order conflicts with the more recent 1973 Supreme Court abortion ruling that State laws cannot limit abortions (at least in the first trimester). ACLU contends that some States still enforce restrictive abortion laws. Many of these laws are in the process of being tested in the courts. The ACLU contends that by virtue of this Executive Order requiring military bases to adhere to State law in regard to abortions Federal policy does not conform to the ruling of the Supreme Court. In addition, they claim that abortion is the only medical service provided on Federal military establishments which is so subject to State statutes. They further argue that this policy is inhibiting other Federal programs (non-military) from adhering to the Supreme Court decision. Their solution is for the President to rescind the Executive Order and to allow unrestricted abortions on military installations and Indian health service facilities. The ACLU's paper is attached. -2- Comment We told them we would look into the questions they were raising. They subsequently went to the press and indicated that they were not encouraged by the response they had received at our meeting. We would appreciate your sug gestion as to how we should proceed. ) Attachment cc: Jim Cannon Pam Needham Bill Gulley