Senate Approves Bill That Would Criminalize Assisting Minors To Circumvent State Parental Notification Laws

The Senate on Tuesday voted 65-34 to approve a bill (S 403) that would allow federal charges to be filed against any individual who transports minors across state lines for the purpose of evading state abortion parental notification or consent laws, the Washington Post reports (Babington, Washington Post, 7/26). Under the bill, sponsored by Sen. John Ensign (R-Nev.), people who violate the measure would be subject to a fine or up to one year in prison. The measure includes an exception if an abortion is necessary to save the life of a pregnant minor (Kaiser Daily Women's Health Policy Report, 7/24). Senate leaders last week agreed to vote on a small list of amendments to the legislation before a final vote, CQ Today reports. Senators on Tuesday voted 98-0 to approve an amendment, sponsored by Ensign and Sen. Barbara Boxer (D-Calif.), that would bar a father who rapes his daughter from suing anyone who assists in her abortion, as well as bars anyone committing incest on a minor from transporting a minor to another state to obtain an abortion, according to CQ Today. Boxer said the amendment is an "improvement" on the legislation, but she added that the bill still allows parental consent rights to fathers who impregnate their daughters and does not ban the criminal prosecution of people who assist minors who became pregnant through incest (Perine/Stern, CQ Today, 7/25). According to National Right to Life Legislative Director Douglas Johnson, 26 states that have parental consent laws would be affected (Hulse, New York Times, 7/26). Minors or their parents could not be charged under the legislation (Washington Post, 7/26).

Rejected Amendments
Senators on Tuesday voted 51-48 to reject an amendment by Sen. Frank Lautenberg (D-N.J.) that would have created new grants to teach comprehensive sex education and also would have increased after-school program funding (Fagan, Washington Times, 7/26). Another amendment by Sen. Dianne Feinstein (D-Calif.) that would have exempted grandparents and clergy members from prosecution under the bill was not brought to a vote because Feinstein was absent, and Senate Republicans did not allow Boxer to offer it instead, the San Francisco Chronicle reports (Lochhead, San Francisco Chronicle, 7/26). Fourteen Democrats and 51 Republicans voted for the final measure, and 29 Democrats, independent Sen. James Jeffords (Vt.) and Republican Sens. Lincoln Chafee (R.I.), Susan Collins (Maine), Olympia Snowe (Maine) and Arlen Specter (Pa.) voted against it (Goldberg, Chicago Tribune, 7/26).

House Bill, Next Steps
The House in April 2005 voted to approve similar parental consent legislation (HR 748) that would authorize fines of up to $100,000 or up to one year in prison for people who violate the measure (Kaiser Daily Women's Health Policy Report, 7/24). The House version also requires out-of-state physicians to provide 24 hours' notice to a minor's parents or they will be subject to criminal prosecution and allows parents of minors who undergo abortion to file a lawsuit against the person who performs the procedure (New York Times, 7/26). Sen. Richard Durbin (D-Ill.) prevented Senate Majority Leader Bill Frist's (R-Tenn.) attempt to appoint members to a House-Senate conference committee to resolve differences on the measures, saying that the Senate bill had not yet been heard in a committee and that it would be too early to have discussions between the chambers, the AP/Philadelphia Inquirer reports (Kellman, AP/Philadelphia Inquirer, 7/26). The delay of a conference committee leaves the "ultimate outcome of the legislation in doubt," CQ Today reports (CQ Today, 7/25). However, Republican leaders in both chambers said they are confident the bill will be approved before Congress recesses for the November elections, the Los Angeles Times reports (Levey, Los Angeles Times, 7/26). President Bush in a statement said he supports the legislation, adding, "Transporting minors across state lines to bypass parental consent laws regarding abortion undermines state law and jeopardizes the lives of young women" (Kenen, Reuters, 7/25). The White House added that the measure would "protect the health and safety of minors" and would "protect the rights of the 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" (Washington Post, 7/26).

Reaction
Supporters of the bill said it would prevent boyfriends and others from pressuring girls to have abortions, while opponents said the bill could harm girls' safety because some parents could beat their daughter if they found out she planned to undergo the procedure, the Post reports (Washington Post, 7/26). Sen. Jim DeMint (R-S.C.) said that opponents of the legislation "want to strip the overwhelming majority of good parents of their rightful role and responsibility because of the misbehavior of a few" (AP/Philadelphia Inquirer, 7/26). Specter said, "There are too many situations where teenagers have lost the ability to communicate with their parents," adding, "I believe the existing laws are working out reasonably well" (CQ Today, 7/25). Boxer said the bill passed by the Senate is unconstitutional because it lacks exceptions for when the girl's health is in jeopardy and would require state laws to apply in other states (San Francisco Chronicle, 7/26).

Broadcast Coverage
NPR's "Morning Edition" recently included several segments on the legislation:

• The program on Wednesday reported on Senate passage of the bill. The segment includes comments from Boxer, Durbin, Ensign and Sen. Rick Santorum (R-Pa.) (Naylor, "Morning Edition," NPR, 7/26). The complete segment is available online in RealPlayer.
  


• The program on Wednesday reported on how the federal measure would impact states, such as Massachusetts, that have parental notification laws that allow for judicial waivers and bordering states without parental notification laws, such as Connecticut, New York and Vermont. The segment includes comments from Marie Sturgis, executive director of Massachusetts Citizens for Life; a minor who assisted another female minor in obtaining a waiver from a judge to obtain an abortion without her parents' permission; and a clinical assistant who performs intakes at the Greater Boston Center, a Planned Parenthood League of Massachusetts clinic (Arnold, "Morning Edition," NPR, 7/26). The complete segment is available online in RealPlayer.
  


• The program on Tuesday reported on debate over the legislation. The segment includes comments from Johnson and Nancy Keenan, president of NARAL Pro-Choice America (Rovner, "Morning Edition," NPR, 7/25). The complete segment is available online in RealPlayer.

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