I could see tons of fights about who gets to decide the criteria, fights about the criteria itself. Then whoever is excluded would sue, it would be endless law suits and fighting. It's an Orwellian idea but does solve some of todays issues.
And so round the mulberry bush we go. This debate has no ending. Your either pro choice or not. And I don't see one side convincing the other side to change their point of view. So I decline to endlessly rehash this debate.