The American Civil Liberties Union urges you to oppose three dangerous, anti-family planning amendments that may be offered during floor consideration of the FY 2004 Labor/HHS/Education Appropriations Bill.

1.  Oppose Attempts to Impose Unconstitutional Conditions on Federal Family Planning Aid.

An amendment may be offered by Representative David Vitter (R-LA) that would prohibit the disbursement of Title X family planning funds to any ""private grantee, delegate, or clinic that provides chemical or surgical abortion.""  Although Title X has always specified that its grants cannot be used to fund abortions, the Vitter amendment goes much further.  It prohibits any organization from receiving Title X funding if that organization uses non-Title X resources -- including private funds -- to provide abortion services to its clients.  

This amendment would put health care providers in an untenable position, forcing them either to stop providing Title X family planning services or to cease providing abortions.  The amendment thus jeopardizes the provision of vital health services for women.  The amendment also improperly conditions the receipt of federal funding on a Title X provider's agreement to forego the exercise of a constitutionally protected right.  It automatically disqualifies from Title X eligibility any organization that provides abortions using wholly non-federal resources.  The Supreme Court has clearly held that such a prohibition is an unconstitutional condition on non-federal dollars.  The Vitter amendment is thus both unwise as a matter of public health policy and unconstitutional as a matter of law.

2.  Oppose Attempts to Erect Barriers to Minors' Access to Critical Contraceptive Services.

An amendment may be offered that would require parental involvement for minors to receive contraceptive services at federally funded family planning clinics.  This amendment would gravely endanger minors' health by deterring them from seeking the services they need to protect them from sexually transmitted diseases and unintended pregnancies.  It would also violate adolescents' reproductive rights by denying them access to confidential care.  Studies indicate that young people delay or avoid seeking family planning if they are required to obtain parental consent.  While most teens seek their parents' advice when making decisions about contraception, in some cases, healthy, open family communication is not possible because minors feel alienated from their parents or fear abuse.  Congress simply cannot legislate healthy family communication.

3.  Oppose Efforts to Bar Emergency Contraception from School-Based Health Centers.

An amendment may be offered by Melissa Hart that would bar federal funding to state and local education agencies that permit emergency contraception in their school-based health centers.  The Hart Amendment would jeopardize the health of America's teenagers and violate their reproductive rights.  Emergency contraception is just that: contraception.  Approved for use by the Food and Drug Administration  to prevent pregnancy, emergency contraceptive pills are ordinary birth control pills taken within 72 hours following unprotected sex or a contraceptive failure.  They reduce the risk of pregnancy by as much as 89 percent and they work exactly the same way as other methods of contraception, including birth control pills.  Emergency contraception cannot interrupt or disrupt an established pregnancy and should not be confused with mifepristone (also known as RU 486).  

Because emergency contraception is an extremely time-sensitive health service, the Hart Amendment would cause many teens to miss the opportunity to use it.  By restricting access to this safe and effective form of contraception, the Hart Amendment would deter teens who have already had unprotected sex or experienced contraceptive failure from seeking the services necessary to avoid unintended pregnancy, teen childbearing, and abortion.  It will also cause teens to miss a critical opportunity to obtain counseling and services to detect and prevent sexually transmitted diseases because school-based health centers can provide a confidential, safe place for teens to receive essential health care services.

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The ACLU strongly urges you to oppose these three dangerous amendments if they are offered during floor consideration of the FY 2004 Labor/HHS/Education Appropriations Bill.

Sincerely,

Laura W. Murphy
Director

Gregory T. Nojeim
Assistant Director