Republicans in Congress are moving to shut down what they call Washington, D.C.’s role as a “safe haven” for abortionists and providers of cross-sex hormones who flee prosecution in states where such practices are illegal. On Wednesday, U.S. Senator Mike Lee (R-UT) introduced the D.C. Shield Law Repeal Act, with Rep. Andrew Clyde (R-GA) leading the companion bill in the House.
The legislation targets a 2022 D.C. law that explicitly shields abortion providers and gender-transition drug prescribers from cooperating with law enforcement in pro-life and pro-family states. Critics say the capital’s so-called “shield law” enables abortionists to break state laws, mail dangerous drugs across state lines and evade legal accountability simply by running to Washington.
“Our nation’s capital should not be a refuge for people who take the lives of children or wreck their bodies with illegal drugs,” Sen. Lee said. “Criminals on the lam can escape to D.C. after performing abortions in states where they are illegal, because they know D.C. will let them get away with it.”
Lee argued that repealing the law is necessary to restore the rule of law and respect the rights of states to protect women, minors, and the unborn.
“This bill will repeal D.C.’s safe harbor for illegal abortionists and peddlers of drugs for transsexual procedures,” he said.
Rep. Clyde said the law allows the Left’s ideological agenda to undermine state protections.
“Both abortion and cross-gender hormone drugs have serious, irreversible consequences,” Clyde warned. “We cannot allow the Left’s woke ideology, under the guise of ‘bodily autonomy,’ to infiltrate our states through the shipping of these drugs with zero legal repercussions.”
He said Congress has a constitutional duty to act, since D.C. falls under federal oversight:
“Congress must hold D.C. providers liable for undermining state laws and protect women, children and the unborn.”
Several major conservative groups endorsed the legislation, calling D.C.’s shield law dangerous, reckless and unconstitutional.
Susan B. Anthony Pro-Life America, Family Research Council, Concerned Women for America, and Alliance Defending Freedom all praised the bill and condemned D.C. for offering legal protection to individuals who violate pro-life and child-protection laws in other states.
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Marilyn Musgrave of Susan B. Anthony Pro-Life America said D.C.’s law “gives broad immunity to abortionists… even when they violate other state pro-life laws,” allowing them to prescribe “dangerous abortion drugs” to women in states where the practice is illegal.
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The Family Research Council’s MaryBeth Waddell pointed to the serious complications associated with abortion pills and the risks of cross-sex hormones to minors, arguing that “victims must be protected” and that “D.C. cannot be allowed to shield” those who break other states’ laws.
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Penny Nance of Concerned Women for America called shield laws an “evil loophole” designed to “free abortion providers from accountability.”
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Matt Sharp of Alliance Defending Freedom said the bill addresses “pernicious laws that undermine the unalienable right to life.”
Under current D.C. statutes:
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The city refuses to assist in investigations or prosecutions of abortionists or cross-sex hormone prescribers who violate other states’ laws.
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Abortionists can mail abortion drugs or cross-sex hormones into states where such practices are illegal.
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Providers can sue for damages if targeted by lawsuits or subpoenas from out-of-state authorities.
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Subpoenas related to abortion or gender-transition matters are effectively unenforceable unless the requesting state swears they have nothing to do with “bodily autonomy.”
Conservative lawmakers say this creates a loophole that lets providers traffic dangerous drugs into communities that have consciously rejected such practices.
The D.C. Shield Law Repeal Act would:
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Fully repeal the D.C. Human Rights Sanctuary Amendment Act of 2022
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Remove legal immunity for abortionists and gender-transition providers who violate other states’ laws
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Restore cooperation between D.C. officials and out-of-state law enforcement
Supporters say it is a necessary step to ensure Washington, D.C. cannot override the will of states that have chosen to protect unborn children and minors from irreversible procedures.
As Republicans push the bill forward, they say the message is simple: The nation’s capital should not serve as a sanctuary for those who break the laws of states that choose to protect life.
