上周最高法院的裁决推翻罗伊诉韦德案根据五角大楼周二发布的一份备忘录，允许各州禁止堕胎不会阻止美国军方允许其医疗提供者在强奸、乱伦或母亲的生命因怀孕而受到威胁的情况下继续实施堕胎。
五角大楼还表示，法院的决定不会影响其休假政策，该政策允许员工根据需要旅行，以接受其中一项覆盖的堕胎护理，或者在其他情况下，自费。
高等法院周五宣布的决定引发了一些问题，即即使在已经禁止或计划禁止堕胎的州，军队的医疗系统是否可以提供覆盖范围内的堕胎服务。禁止联邦政府资助堕胎的海德修正案规定，在强奸、乱伦或危及母亲健康的情况下，军队可以免责。
至少13个国家现已停止几乎所有的堕胎服务。
“最高法院的决定并不禁止该部继续进行覆盖堕胎，符合联邦法律。负责人事和战备的国防部副部长吉尔·希斯内罗斯在本周给五角大楼高级官员的备忘录中写道。
“卫生保健提供者将继续遵循现有的部门政策，军事医疗设施的领导将实施措施，以确保持续获得护理，”希斯内罗斯继续说。
希斯内罗斯还强调，司法部长期以来一直认为，“各州一般不得对以联邦法律授权的方式履行职责的联邦雇员追究刑事或民事责任”，如果需要，政府将为雇员和服务人员提供法律顾问。
尽管如此，一些军事倡导者和退伍军人说，五角大楼可以做得更多。
“我们已经看到一些州甚至不承认生殖保健和强奸及乱伦情况下的堕胎，”艾琳·柯克-科莫(Erin Kirk-Cuomo)说，她是一名前海军陆战队员，也是帮助遭受性侵犯的服役人员的组织“不在我的海军陆战队”(Not in My Marine Corps)的成员。
柯克-科莫对美国广播公司新闻说:“驻扎在这些基地的任何服役人员及其家人，特别是我们看到的(军队中)高性侵率，都会对他们产生影响。”。
她的组织一直在推动军方领导人提供“同情性重新分配”政策，既允许驻扎在禁止堕胎的州的现役女性和家庭申请重新分配，又保证需要堕胎的服役人员能够跨越州界。
这是罗伊诉韦德案被推翻后，实施部分或全部堕胎禁令的州的根据地地图。
ABC新闻/国防部/古特马赫研究所
目前，军方允许服役人员旅行休假，以接受“有保险的堕胎”,如果他们的基地没有这种服务的话----或者在所有其他情况下自费利用个人假期接受堕胎。
希斯内罗斯在他的备忘录中写道:“所有服役人员的紧急或康复休假权保持不变。”。“国防部文职雇员可以继续申请病假和其他形式的休假，以满足雇员及其家庭成员的医疗保健需求。病假可用于支付为获得任何类型的医疗所必需的旅行费用。”
Roe's overturning won't affect abortion access for service members, Pentagon says
Last week's Supreme Court rulingoverturning Roe v. Wadeand allowing states to ban abortion will not stop the U.S. military from permitting its medical providers to continue to perform abortions in cases of rape, incest or if the mother's life would be endangered by carrying the pregnancy to term, according to a Pentagon memo issued Tuesday.
The Pentagon also said the court's decision would not affect its leave policy, which allows personnel to travel as needed to receive care for one of the covered abortions or, in other cases, at their own expense.
The high court's decision, handed down Friday, had raised questions about whether the military's medical system would be allowed to provide access to covered abortions even in states that have banned or plan to ban the procedure. The Hyde Amendment that prohibits the federal government's funding of abortions has exemptions for the military in the cases of rape, incest or risk to the health of the mother.
At least13 states have now ceasednearly all abortion services.
"The Supreme Court's decision does not prohibit the Department from continuing to perform covered abortions, consistent with federal law. There will be no interruption to this care," Gil Cisneros Jr., the under secretary of defense for personnel and readiness, wrote in the memo this week to top Pentagon officials.
"Health care providers will continue to follow existing departmental policy, and the leadership of military medical treatment facilities will implement measures to ensure continued access to care," Cisneros continued.
Cisneros also stressed that the Justice Department has long held "that States generally may not impose criminal or civil liability on federal employees who perform their duties in a manner authorized by federal law" and that government counsel would be provided to employees and service members if needed.
Still, some military advocates and veterans say there is more the Pentagon can do.
"We're already seeing states that won't even recognize reproductive care and abortion in cases of rape and incest," said Erin Kirk-Cuomo, a former Marine and member of Not in My Marine Corps, a group helping service members who were sexually assaulted.
"Any service members that are stationed at those bases and their families, especially with the high rates of sexual assault [in the military] that we see, that's going to impact them," Kirk-Cuomo told ABC News.
Her group has pushed for military leaders to provide "compassionate reassignment" policies that would both let active-duty women and families who are stationed in states with abortion bans to appeal for reassignment and guarantee that service members in need of an abortion will be able to cross state lines.
Currently the military allows service members to go on travel leave to receive "covered abortions" if it is not available at their base -- or to use personal leave at their own expense to receive an abortion for all other cases.
"Access to emergency or convalescent leave remains unchanged for all Service members," Cisneros wrote in his memo. "DOD civilian employees may continue to request sick leave and other forms of leave as necessary to meet the health care needs of the employee and his or her family members. Sick leave may be used to cover travel that is necessary to obtain any type of medical treatment."
