Senate Passes Interstate Abortion Bill

 

By Charles Babington, washingtonpost.com from the Web, July 25, 2006

 

Washington -- The Senate voted tonight to make it a crime to take a pregnant girl across state lines to obtain an abortion without her parents' knowledge, handing a long-sought victory to the Bush administration and abortion opponents.

The bill would help about three dozen states enforce laws that require minors to notify or obtain the consent of their parents before having an abortion.  It would bar people -- including clergy and grandparents -- from helping a girl travel to another state to avoid parental-involvement laws.  Violations could result in a year in prison.
 

 

Graphic compares state laws on parental involvement in minors abortions.

(AP Graphic)

 

The Senate voted 65 to 34 to approve the bill, which is similar to one that the House has approved before, including last year.  Most states have passed such laws, but courts have invalidated at least nine of them, advocacy groups say.

The White House said the bill would "protect the health and safety of minors" and "protect the rights of parents to be involved in the medical decisions of their minor daughters consistent with the widespread belief among authorities in the field that it is the parents of a pregnant minor who are best suited to provide her counsel, guidance, and support."

"I appreciate the Senate's efforts to preserve the integrity of state law and protect our nation's families," President Bush said in a statement.

The administration urged House and Senate negotiators to reconcile their differences and send Bush a bill for his signature.  Unlike the Senate version, the House bill would penalize physicians who knowingly perform abortions on minors who circumvented parental involvement laws.

Tuesday's vote marked the most significant congressional action on abortion in some time.  Congressional Republicans, concerned about sagging poll numbers as they approach the November elections, lately have emphasized a "values agenda" that includes bids to ban flag desecration, gay marriage and estate taxes.

Democrats are pushing back, accusing Republicans of trying to frighten and divide the electorate rather than tackle tough issues such as gasoline prices and the Iraq war.  Minority Leader Harry M. Reid (Nev.), an anti-abortion Democrat who voted for the Senate bill, will spend part of the summer stressing the need to prevent unwanted pregnancies, aides said.

The Senate vote was a victory for anti-abortion activists who have tried in vain to overturn the 1973 Roe v. Wade decision that legalized abortion in all 50 states.  For years, advocates on both sides of the abortion issue have battled at the state level over narrower questions, including parental notification and consent for minors.  Fifty-one Republicans and 14 Democratic senators voted for the bill, while four Republicans, 29 Democrats and one independent voted against it.  Sens. George Allen (R-Va.) and John Warner (R-Va.) voted for the bill; Barbara A. Mikulski (D-Md.) and Paul S. Sarbanes (D-Md.) voted against it.

The bill would not penalize a pregnant girl or her parents for crossing state lines to obtain an abortion.

Opponents said the Senate bill will threaten the safety of pregnant girls whose parents might beat them if they learn of their daughters' plans for an abortion.  The proponents' approach "is not to deal with the reality of young people" in troubled families, said Sen. Richard J. Durbin (D-Ill.).  He cited accounts of an Idaho man who raped and impregnated his 13-year-old daughter, and then killed her when he learned she had scheduled an abortion.

Proponents of the Senate bill said it would protect pregnant girls from being pressured into having an abortion by their boyfriends.  "It's an affirmation of parental rights," said Sen. John Thune (R-S.D.).  "An underage child cannot obtain an aspirin at school without parental consent," he said, and parents' role in their young daughter's decision about abortion is far more significant.

Senators voted 51-48 to reject a Democratic-drafted amendment that would have steered federal funds to programs educating teens about sexual abstinence and contraception.

Sen. Mitch McConnell (R-Ky.) hailed the bill's passage, saying "What opponents of this bill forget is that no parent wants anyone to take their children across state lines -- or even across the street -- without their permission.  This is a fundamental right, and the Congress is right to uphold it in law."

Nancy Keenan, president of NARAL Pro-Choice America, called the Senate vote "an irresponsible action that will do nothing to protect young women's safety or improve family communication."

She said the measure "would prohibit anyone other than a parent -- including a grandparent, aunt, adult sibling, or member of the clergy -- from accompanying a young woman across state lines for abortion care if the home state's parental-involvement law has not been met."

Caroline Fredrickson, Director of the ACLU Washington Legislative Office, said the measure "would put teens, especially the most vulnerable ones, at greater risk.  Not all teenagers come from the perfect American family."

 

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