Hyde Amendment

In U.S. politics, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortion except to save the life of the woman, or if the pregnancy arises from incest or rape. Legislation including the Hyde Amendment generally only restricts the use of funds allocated for the Department of Health and Human Services and primarily affects Medicaid.

The original Hyde Amendment was passed on September 30, 1976 by the House of Representatives, by a 207-167 vote. It was named for its chief sponsor, Republican Congressman Henry Hyde of Illinois. The measure was the first major legislative success by the United States pro-life movement, especially the National Committee for a Human Life Amendment led by lobbyist Mark Gallagher, after the striking-down of anti-abortion laws following the 1973 Supreme Court case Roe v. Wade. Congress subsequently altered the Hyde Amendment several times. The version in force from 1981 until 1993 prohibited the use of federal funds for abortions “except where the life of the mother would be endangered if the fetus were carried to term.”

On October 22, 1993, President Clinton signed into law the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994. The Act contained a new version of the Hyde Amendment that expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest.  

The 2016 platform marked the first time the Democratic platform had an explicit call to repeal the Hyde Amendment.

Although the exact language of the Hyde Amendment has changed over the years, the 2014 appropriations bill for the Departments of Labor, Health and Human Services, and Education contained the following limitations on federal spending for abortion that is typical of Hyde Amendment language generally:

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