U.S. Senate
Washington, DC 20510
Dear Senator:
We, the undersigned organizations dedicated to protecting reproductive rights and enhancing women's health, write to express our opposition to S.851, the so-called ""Child Custody Protection Act.""
The ""Child Custody Protection Act" would make it a federal crime for any person, other than a parent, to accompany a young woman across a state line for the purpose of obtaining abortion care, if the home state's parental-involvement law has not been met.
This bill poses a serious threat to young women's health. Most young women who are faced with the decision to have an abortion already involve their parents in their decision. Even in states in which mandatory parental involvement is not required, over 60 percent of parents knew of their daughter's pregnancy. And among young women who did not tell their family, 30 percent had experienced or feared violence in their family or feared being forced to leave home.
Those young women who decide they cannot involve a parent often seek help and guidance from other trusted adults. Unfortunately, this bill would deter young women from seeking assistance from a trusted adult. Under this legislation, grandparents, aunts, uncles, adult siblings or clergy could be prosecuted and jailed simply for supporting a young woman in crisis who seeks reproductive health services - even if that person does not intend, or even know, that the parental-involvement law of the state of residence has not been followed.
Moreover, this legislation is unconstitutional and tramples on some of the most basic principles of federalism. In the words of legal scholars Laurence Tribe of Harvard University and Peter J. Rubin of Georgetown University, the legislation ""violates the rights of states to enact and enforce their own laws governing conduct within their territorial boundaries, and the rights of the residents of each of the United States and of the District of Columbia to travel to and from any state of the Union for lawful purposes, a right strongly affirmed by the Supreme Court . . ."
While we share the belief that young women should involve parents when facing difficult reproductive-health choices, in situations where such communication is not possible, we believe young women should be encouraged to involve other trusted adults. Unfortunately, this bill does not accomplish that goal. In fact, it does the exact opposite by forcing women to face important decisions alone, without any help. We urge you to stand against this dangerous legislation.
Sincerely,
Advocates for Youth
American Association of University Women
American Civil Liberties Union
American Humanist Association
American Medical Women's Association
Center for Reproductive Rights
Central Conference of American Rabbis
Disciples for Choice
Disciples Justice Action Network
Law Students for Choice
Legal Momentum (the new NOW Legal Defense and Education Fund)
NARAL Pro-Choice America
National Abortion Federation
National Council of Jewish Women
National Family Planning and Reproductive Health Association
National Organization for Women
National Partnership for Women & Families
National Women's Law Center
People For the American Way
Physicians for Reproductive Choice and Health®
Planned Parenthood Federation of America
Population Connection
Religious Coalition for Reproductive Choice
Reproductive Health Technologies Project
Sexuality Information and Education Council of the United States
The Alan Guttmacher Institute
Union for Reform Judaism
Unitarian Universalist Association of Congregations