The U.S. Department of Veterans Affairs (VA) is solidifying a policy to offer abortions under specific circumstances to service members, even in states where abortion is prohibited.

This policy, initiated in 2022, has now been formally ratified through a rule published in the federal register on Monday.

According to this rule, the VA is empowered to conduct abortions for service members and their relatives within its healthcare facilities in instances of rape, incest, or when the life or health of the mother is at stake. Furthermore, the rule permits VA facilities to offer abortion counseling to service members.

While the policy has been operational on a temporary basis, the new rule will become permanent on April 3rd. The department has reported administering 88 abortions under this policy in its inaugural year.

This development aligns with a broader U.S. military policy outlined by Secretary of Defense Lloyd Austin in October 2022, which provides paid leave and covers travel expenses for service members seeking abortions.

Critics have raised concerns about the rule’s lack of conscience protections for doctors or healthcare workers who oppose providing abortions.

In response to these criticisms, the VA addressed the issue in its final rule, asserting that it “adheres to all applicable federal laws concerning employee rights and protections, including those based on religious or conscience-based objections to abortion.” The VA further stated that it “has established a policy for handling reasonable accommodation requests, whereby employees may seek exemption from providing, participating in, or facilitating aspects of clinical care, including reproductive health clinical care as authorized by this rule.”

The VA clarified that “if an exemption is requested, supervisors are instructed to temporarily excuse employees from duties or training related to reproductive health care while requests are under review.”

However, while the VA indicates that supervisors are advised to grant exemptions, it does not appear to mandate that conscience objections must be honored.

In May 2023, a resolution proposed by Senator Tommy Tuberville of Alabama seeking to overturn the VA rule was voted down by the U.S. Senate in a close 51-48 decision. However, some experts argue that military spending on abortion may run counter to the Hyde Amendment, which prohibits the use of federal tax dollars for abortion procedures.

Robert Destro, former assistant secretary of state for the Bureau of Democracy, Human Rights, and Labor during the Trump administration, expressed his belief that the rule is unlawful. He stated to CNA that making the rule permanent significantly complicates any potential reversal process. Destro suggested that overturning the rule would likely necessitate litigation or congressional intervention.

The VA explicitly stated in its rule on Monday that it does not fall under the purview of the Hyde Amendment, which specifically pertains to federal funds allocated to the Departments of Labor, Health and Human Services, and Education, rather than military expenditures.

Regarding providing abortions in states where it is prohibited, the VA contends that abortion is medically necessary and appropriate for the health of VA beneficiaries. The agency argues that the supremacy clause of the United States Constitution prevents states from restricting federal agencies and their employees from offering abortion services within the scope of their federal authority.

Critics like Destro argue that the military’s focus on abortion policies reflects misplaced priorities, particularly in the face of significant recruitment challenges. He suggests that the military’s emphasis on sexual matters undermines its readiness and effectiveness.

Despite criticism, progressive groups such as the National Women’s Law Center lauded the VA’s new abortion policies, viewing them as a crucial step forward for veterans’ health and rights.

Archbishop Timothy Broglio, leader of the Archdiocese for the Military Services, USA, and president of the United States Conference of Catholic Bishops, strongly denounced the military’s abortion policies, labeling them as morally objectionable and lacking in basic conscience protections for military commanders and VA employees. Broglio emphasized the sanctity of life and its connection to faith and salvation.

“To deny the life of a baby in utero is to deny the Incarnation, and thus, the very source of our hope for salvation,” Broglio wrote.