Sunday, January 30, 2005

On the so-called Child Custody Protection Act...

According to the AP, "The abortion bill most likely to become federal law this year would affect a relatively small number of pregnant teens, yet its impact on them could be dramatic — sharply reducing the options for girls in many states who dread telling their parents of their plight... It would outlaw transporting a minor across state lines to obtain an abortion in order to evade parental consent or notification laws in the girl's home state. Titled the Child Custody Protection Act, and carrying a sentence of up to one year in prison, the bill has bounced around Congress for years, winning House approval three times but never reaching a vote on the Senate floor. Only now — after making the Senate GOP's Top 10 priority list — do supporters and foes believe its passage is probable."
Now I support parential notification for minors seeking abortions as long as there is broad judicial bypass available, but this bill "would criminalize the well-meaning acts of an aunt, older sister or other confidante who assist a girl terrified of being beaten or evicted from home if her parents learned of the pregnancy" and could very well create situations in which it is impossible for a young woman to obtain an abortion. This would both violate her constitutional rights and could force her to turn to dangerous self-induced or illegal abortions. Unfortunately, Senate Democrats are pretty unlikely to fight this since it is one of those lose-lose political issues and some will probably support it foolishly believing it will help woo conservative voters.

The article also mentions that "ACLU lawyers already are studying possible challenges on grounds that the bill violates the right to travel from state to state and does not make an exception for cases when a girl's health is jeopardized. " Those are also really good points and hopefully if this passes the courts will find it unconstitutional.

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