No abortion at CHC

Public Health Secretary Joseph Kevin Villagomez has said that no abortion will be performed at the Commonwealth Health Center unless the CNMI court says otherwise.

Despite a legal opinion which says that any woman may obtain an abortion in the Northern Marianas, Mr. Villagomez maintained that the lone hospital on the island will strictly adhere to a provision of the Commonwealth Constitution that prohibits such practice.

“We will continue to aggressively address this issue based on the CNMI Constitution — that no abortion will be carried out here,” he said.

A move to revive a bill on abortion in the House of Representatives has drawn condemnation from the Catholic Church and thrown the government into a dilemma after a 1995 legal opinion by the Attorney General Office which states that any woman may legally obtain abortion in the Northern Marianas resurfaced.

Debate on abortion came amid unconfirmed reports that two abortions had been performed at CHC, allegations immediately dismissed by hospital officials as plain D&C procedures.

Church and government leaders immediately convened to a meeting in a move to put a stop to the growing controversy that is threatening to divide this predominantly Catholic island.

In the meantime that there is no court ruling on the legal issue, the Commonwealth Health Center will not allow any abortion to be performed in the government-owned facility.
Gov. Pedro P. Tenorio has earlier asked the Attorney General’s Office to review the legal analysis written five years ago.

The legal opinion says a woman’s qualified right to have an abortion in the Northern Marianas was one of the liberties upheld and protected when the CNMI joined the United States as a Commonwealth in 1976.

In addition, the U.S. Supreme Court case Roe v Wade which ruled that a woman has a qualified constitutional right to decide to terminate her pregnancy also applies to the CNMI.

Since the CNMI is a participant in the Medicaid Program, it has additional obligations to provide for those abortions specifically covered by the Hyde Amendment, which prohibits the use of any federal funds to reimburse the cost of abortions except under certain circumstances — to save the life of the mother or that pregnancy is the result of an act of rape or incest.

“Because the CNMI has chosen to participate in the Medicaid program, it is mandated to provide funding to abortions specified in the Hyde Amendment. The CNMI has made its choice, and must thereby comply with the federal directives,” the legal opinion said.