Washington » The Senate on Tuesday rejected Sen. Orrin Hatch's attempt to block women from using federal subsidies to buy insurance that covers abortion.
But that's not the final word on the controversial issue, as moderate and liberal Democrats say they will continue discussions in the backrooms of Congress.
Senators tabled the amendment, 54 to 45, which Hatch, a Utah Republican who opposes health reform, co-sponsored with Sen. Ben Nelson, D-Neb., who has threatened to oppose the expansive bill if it allows "public funding of abortion."
The Nelson-Hatch amendment was similar to a proposal the House included in its health reform bill. Moderate House Democrats, including Rep. Jim Matheson, joined with Republicans to pass an amendment blocking any plan purchased with subsidies from paying for an elective abortion.
But the politics in the House and Senate differ greatly. With the parties split on the health reform bill, a "no" vote by just one Democratic senator could kill the year-long effort.
Senate Majority Leader Harry Reid is well aware of the political calculus and even before Tuesday's vote expressed his willingness to work with Nelson on the abortion issues.
"No one should use the health care bill to expand or restrict abortion," said Reid.
At the core of this debate is the Hyde Amendment, an annual provision first passed in 1976 that bans federal programs from covering elective abortions.
Senate Democrats say their bill adheres to principle of the Hyde Amendment by requiring private insurers to create two financial accounts. One account will hold federal subsidies given to low- and middle-income Americans. The second account will contain the premiums paid by individuals.
Insurers can only pay for an elective abortion using premiums.
Reid calls this "a fair middle ground," but Nelson, Hatch and their supporters say this is only a budget gimmick.
"We see it as literally a loophole through which they can actually get help from the federal government directly or indirectly to pay for abortion," Hatch said.
She joined a stream of Democrats who took to the Senate floor on Tuesday to oppose Hatch's amendment, calling it unfair and discriminatory toward women. Sen. Barbara Boxer, D-Calif., said it would be the equivalent of an amendment requiring men to get a special insurance policy to cover Viagra.
Sen. Patty Murray, D-Wash., said the Nelson-Hatch amendment unfairly hits poorer women, who would get the subsidies.
"It would be the first time that federal law would restrict what individuals private dollars can pay for in the private insurance marketplace," she said.
The Hyde Amendment bans federal programs from paying for abortions except in the case of rape, incest or to protect the health of the mother. Congress first adopted the amendment in 1976, just three years after the landmark Roe V. Wade decision, and has annually voted for it as part of its budget process.
The amendment pertains to all government workers and their dependents, as well as people covered by Medicare, Medicaid, the Children's Health Insurance Program, the military and American Indian health programs.
Under Hatch's amendment, no private or public plan subsidized with federal money could offer elective abortion coverage. This only pertains to people buying a plan on the individual market and has no impact on people who get their insurance through their employer.
