Dear Senator:

The ACLU strongly opposes an abortion-related amendment that may be offered during consideration of FY 2007 Department of Defense Authorization Bill.  This amendment is identical to the freestanding Teen Endangerment Act, called the “Child Custody Protection Act” by its sponsors.  The Teen Endangerment Act would make it a federal crime for a person, other than a parent -- including a grandmother, aunt, sibling, or clergy member -- to help a teen cross state lines for an abortion unless the teen had already fulfilled the requirements of her home state’s law restricting teens’ abortions.  It would deny teenagers facing unintended pregnancies the assistance of trusted adults, endanger their health, and violate their constitutional rights.

We all want teenagers to be safe.  The Teen Endangerment Amendment, however, will put our most vulnerable teens at risk.  This amendment will not create good family communication where it does not already exist.  Even in the absence of any legal requirement, most young women who are pregnant and seeking an abortion involve a parent in their decision.   For those young women who choose not to involve their parents, many valid reasons compel them not to do so.   One third of young women do not involve a parent because they fear family violence (in many cases because it has already occurred), or are afraid of being forced to leave home.   Forcing a young woman to notify her abusive parent of a pregnancy can have dangerous, and even fatal, consequences for her and for other family members.

The overwhelming majority of young women who obtain abortions involve an adult (a parent, other family member, counselor, clergy member, teacher, or adult friend) in their decision and are accompanied by someone to the health-care facility.   This amendment, however, would discourage young women who are already isolated and frightened from turning to someone they trust.  The amendment would impose federal criminal penalties on anyone other than a parent who helps a young woman cross state lines to obtain an abortion if she has not first complied with her home state’s teen abortion law.  Knowing that anyone who helps them obtain an out-of-state abortion would risk arrest and imprisonment, many young women would be forced to travel alone to seek care.  In many cases, the closest abortion provider is located across state lines.  Yet the Teen Endangerment Act criminalizes assisting teens no matter what the circumstances or reasons for travel. 

By closing outlets for teenagers facing an unwanted pregnancy, this amendment would lead some to dangerous and desperate acts.   A teenager facing an unwanted pregnancy is already in crisis.  If she is unable or unwilling to consult her parents, her desperation is deepened by her isolation.  Teenagers in these circumstances sometimes resort to self-induced abortion or illegal abortion as a way out.  These efforts all too often have tragic results. 

Finally, this amendment raises serious constitutional concerns.   First, it conflicts with core constitutional principles of federalism -- principles reaffirmed by the Supreme Court in its landmark ruling Saenz v. Roe.   The Constitution protects the right of every individual to travel freely from state to state and, when visiting another state, not to be treated as a foreigner.  In violation of these essential principles of federalism, this bill saddles a young woman with the laws of her home state no matter where she travels in the nation.  Second, the Teen Endangerment Act bill lacks a constitutionally required health exception and contains an inadequate life exception.  The Supreme Court has held that any restriction on abortion, including laws restricting teenagers’ access to abortion, must contain an exception to protect both the health and life of the woman.  In Planned Parenthood v. Casey, the Supreme Court held that all abortion regulations must contain a valid medical emergency exception, “for the essential holding of Roe forbids a state from interfering with a woman’s choice to undergo an abortion procedure if continuing her pregnancy would constitute a threat to her health.”   Because this legislation contains no health exception whatsoever and an impermissibly narrow life exception, it is unconstitutional.

The Teen Endangerment Act will harm teenagers and do nothing to reduce unintended pregnancies that lead to abortion.  The best way to protect our teenagers is to encourage families to communicate and to provide teenagers with the information they need to prevent unintended pregnancies.    Instead of supporting legislation like the Teen Endangerment Act we should focus our efforts on commonsense measures that will help to prevent unintended pregnancies.

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The ACLU urges you to oppose the Teen Endangerment Act Amendment during the Senate’s consideration of the FY 2007 Department of Defense Authorization Bill.

Sincerely,

Caroline Fredrickson
Director

Gregory T. Nojeim
Associate Director and Chief Legislative Counsel