BUFORD — Rep. Andrew Clyde (R-Ga.) and Sen. Mike Lee (R-Utah) on Thursday introduced legislation that would repeal Washington, D.C.’s interstate “shield law,” which protects abortion and gender-affirming care providers in the nation’s capital from out-of-state investigations or legal actions.
Clyde’s bill, the D.C. Shield Law Repeal Act, seeks to nullify the Human Rights Sanctuary Amendment Act of 2022, a D.C. law that took effect in 2023. The measure bars D.C. officials from cooperating with out-of-state subpoenas or investigations related to abortions, abortion medication or cross-gender hormone treatments that are illegal in other states.
“Both abortion and cross-gender hormone drugs have serious, irreversible consequences,” Clyde said in a statement. “Congress must use its constitutional authority over our nation’s capital to hold D.C. providers liable for undermining state laws and to protect women, children, and the unborn.”
Lee, who introduced companion legislation in the Senate, said D.C. should not act as a “refuge” for individuals who face criminal or civil penalties in states with stricter laws.
“Criminals on the lam can escape to D.C. after performing abortions in states where they are illegal, because they know D.C. will let them get away with it,” Lee said.
Georgia abortion law context
Georgia’s abortion law, known as the Living Infants Fairness and Equality (LIFE) Act, prohibits most abortions once fetal cardiac activity is detected, typically around six weeks of pregnancy. The law includes exceptions for rape, incest, medical emergencies and pregnancies deemed medically futile.
Medication abortion is also regulated under Georgia law. Residents must receive abortion-inducing medication in compliance with state requirements, and providers must be licensed in Georgia. Mailing or shipping abortion pills into the state outside of these guidelines may violate state law, a key argument Clyde cited in support of his bill.
What the D.C. law does
The Human Rights Sanctuary Amendment Act allows individuals and providers in Washington to refuse cooperation with out-of-state investigations involving abortions or gender-affirming medical care. It also requires any subpoena from another state to include a sworn statement confirming the request is unrelated to such activities. Providers targeted by out-of-state lawsuits may sue for damages under the law.
D.C. is among 22 jurisdictions with similar shield-style laws enacted in the wake of the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, which ended federal abortion protections and returned regulatory authority to the states.
Georgia example cited
Clyde pointed to a 2024 incident in his northeast Georgia district in which a crisis pregnancy center volunteer received the abortion pill mifepristone through the mail in violation of Georgia law. The package was postmarked from Washington, D.C. Under D.C.’s shield law, he said, the provider would not face legal accountability if the drug had harmed a Georgia resident.
Supporters and co-sponsors
Clyde’s bill has 25 Republican co-sponsors, including Reps. Barry Loudermilk (R-Ga.), Marlin Stutzman (R-Ind.), Paul Gosar (R-Ariz.) and Andy Harris (R-Md.).
Several conservative advocacy organizations endorsed the legislation, including Alliance Defending Freedom, Concerned Women for America, Family Research Council and Susan B. Anthony Pro-Life America. Representatives from each group argued that shield laws obstruct state enforcement efforts and create public-health risks.
Alliance Defending Freedom senior counsel Matt Sharp said such laws enable “the illegal and illicit flow of dangerous abortion drugs into pro-life states.” Concerned Women for America CEO Penny Nance described shield laws as “an evil loophole created for abortion providers to free themselves from accountability.”
Supporters also raised concerns about minors obtaining gender-affirming medications from out-of-state providers.
Constitutional authority
Under Article I, Section 8 of the U.S. Constitution, Congress has the authority to legislate for Washington, D.C., though Congress rarely overturns laws passed by the D.C. Council.
The text of the D.C. Shield Law Repeal Act is available on Clyde’s congressional website. A companion bill has been filed in the Senate.
