| Problem: | Very shortly, Congress will vote on a bill (S.1645/H.R. 3682) that would make it a federal crime for anyone to transport a minor across state lines for an abortion, unless the young woman already satisfied the requirements of her home state's parental notification and involvement laws. This bill, proposed by Sen. Spencer Abraham (R-MI), would not only deny young women help from adults they trust but could also endanger their health and violate the rights guaranteed by the Constitution. |
| Important: | This legislation, known as the Child
Custody Protection Act or -- as a New
York Times editorial termed it -- the Teen Endangerment Act, would
allow for the prosecution and jailing of grandparents, aunts, uncles, ministers,
close friends, siblings and de facto or temporary guardians who transport
a minor across state lines to obtain an abortion. According to this bill,
adults who aid these young women in their time of crisis would be guilty
of a federal crime and, if convicted, fined or jailed for a year!
It is unlikely that the Teen Endangerment Act would encourage more positive parental involvement in a young woman's decision to obtain an abortion. In most cases, young women (nearly 61%) consult with their parents regarding their decision to obtain an abortion, regardless of whether they are required by law to have such a discussion. Of those who do not talk about their choice with their parents, many fear abusive repercussions. This bill will not compel young women who do not already consult their parents to do so. Instead, minors pursue other options, including: going out of state alone to abort, delaying the procedure or obtaining an illegal and unsafe abortion. |
| Background: | In promoting this restrictive legislation, abortion opponents have
cited a 1995 case in upstate Pennsylvania as an illustration of why such
a bill is needed. In this case, a woman transported a 13-year-old girl
to Binghamton, New York for an abortion. The girl's boyfriend was the woman's
19 year-old stepson, who later accepted a guilty plea to statutory rape.
Although, this incident was regrettable because of the tender ages of the
couple, the
Child Custody Protection Act, if it had been law at the time, would
have not provided any good solutions.
The bill seeks to protect the safety of minors; it instead causes them undue harm by endangering their health and interfering with their constitutional right to an abortion. We know from the Becky Bell case that young women have lost their lives because of a reluctance to tell their parents. The Indiana teen was 17 when she discovered she was pregnant. The parental notification law in that state required her to tell her parents which she felt she could not. Becky also believed that consulting with a judge, under the state's judicial bypass provision, was not an option for her, either. Becky Bell resorted to an unsafe 'back alley' abortion which resulted in the her tragic death due to uncontrolled hemorrhaging. Twenty-two states have laws requiring teens to notify their parents (or consult a judge) before getting an abortion. Consequently, teen-agers who believe that they can't tell their parents now cross state lines to obtain an abortion. Any adult who assists them -- grandparents, counselors, religious advisors, and even single parents, in some cases -- will face going to jail for this caring effort! |
| How you can help: | Please call your U.S. Representative as soon as possible and ask him or her to vote against the Child Custody Protection Act (H.R. 3682/S. 1645). A House Judiciary Subcommittee is completing work on the legislation Thursday, June 11th, and the full committee is expected to take it up soon. The schedule for the bill in the Senate has not been announced, but will probably begin in July. The anti-abortion majority leadership in Congress has vowed to have this bill on the President's desk by the August recess. In addition to the fast track in Congress for the legislation, President Clinton has been reticent to disclose his position on the Child Custody Protection Act. Activists should call the White House and ask the President to oppose this legislation. You can refer to it as the Teen Endangerment Act, if you like, since that seems more appropriate. |
| Message: | The Child
Custody Protection Act endangers the health of young women and is unconstitutional.
It should be defeated. President
Clinton needs to let Congress know that he will veto this terrible
bill. The main number for Congress is (202) 224-3121, and the operator
will connect you with your U.S.
Representative. The White House
comment line is (202) 456-1111. Connect to http://www.visi.com/juan/congress
for congressional fax, phone and email addresses.
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