Hyde Amendment

The Hyde Amendment is a provision attached to annual appropriations bills that prohibits the use of federal funds, mainly through Medicaid, to pay for most abortions. It is named for Representative Henry Hyde, who introduced it in 1976. The exceptions have varied; since 1994, they have covered pregnancies resulting from rape or incest and those that endanger the mother's life.

Because it is a rider and not permanent law, Congress must renew it every year through appropriations. The Supreme Court upheld it in Harris v. McRae (1980), holding that the government has no obligation to fund the exercise of a constitutional right. The Helms Amendment applies a similar restriction to foreign aid, and the Hyde language has been extended to other programs, such as federal employee health plans, with variations.

Pro-life advocates defend it as respecting taxpayers who object to abortion and say that it has saved lives. Opponents argue that it discriminates against low-income women who rely on Medicaid, limiting access to a legal procedure, and many Democrats have called for its repeal; for decades the rider has had bipartisan support in Congress, though it was dropped from a version of the Biden administration's budget proposal. Its status became more prominent after Dobbs v. Jackson Women's Health Organization. See pro-life.