Hyde Amendment of 1977

The Hyde Amendment was legislation passed in 1977 to deny the use of Medicaid funds for abortion, thereby effectively denying to poor women a right which might be exercised legally by women who could afford to pay for abortion services. In the case of Harris v. McRae (1980) the Supreme Court upheld the legality of the Hyde Amendment, holding that a woman's right to an abortion did not require Congress to appropriate funds to enable the exercise of this right by poor women.

The Hyde Amendment prohibited funding even in cases where a woman's health is endangered by pregnancy, even though Medicaid covers other necessary health care related to pregnancy. The 1977 Hyde Amendment allowed abortion under Medicaid only if required to save the mother's life. In 1994, Congress broadened this to include coverage for cases of rape and incest also. In September, 1997, Congress again voted to renew the "Hyde Amendment". The House vote was 270-150.

National Abortion and Reproductive Rights Action League President Kate Michelman stated in 1997 that "The Hyde Amendment, in itself, discriminates against poor women and sets up a two-tiered health care system. Instead of proposing measures to reduce the need for abortion, opponents of choice would rather create barriers to make the procedure more difficult and dangerous for women to obtain...Women who are denied coverage may use alternatives that are dangerous to their health, such as self-induced methods. Some may delay the procedure while they gather funds to obtain it, increasing the health risks involved. " NARAL estimates that in states that restricted Medicaid coverage for abortion, an estimated 2000 low-income pregnant women turned to illegal abortion during the first year in which federal coverage for abortion was prohibited.