Dear Senator:

The ACLU strongly urges you to oppose the Teen Endangerment Act (S. 403), called the “Child Custody Protection Act” by its sponsors, when it is considered on the Senate floor tomorrow.  The ACLU also urges you to support two important amendments to the Act.  While the ACLU opposes passage of the Act even if one or both of these amendments is accepted, in the event the Act becomes law, these amendments will help to protect young women subject to the Teen Endangerment Act’s dangerous requirements. 

Oppose the Teen Endangerment Act

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 certain 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.

The Teen Endangerment Act will not create good family communication where it does not already exist.  Even in the absence of a legal requirement, most young women who have abortions do so with the knowledge of a parent.  Those who don’t often have good reason: one third of young women do not involve a parent in their abortion decision 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 Teen Endangerment Act would criminalize caring, responsible behavior on the part of adults -- including a teen’s grandmother, sister, or clergy member -- concerned with a young woman’s well being.  It would deter trustworthy adults and professionals--under the threat of criminal prosecution--from helping a young woman to obtain an out-of-state abortion no matter what the circumstances.  Accordingly, the Teen Endangerment Act will isolate the most vulnerable teens, and would lead some to dangerous and desperate acts, such as resorting to a self-induced abortion or illegal abortion.  These efforts all too often have tragic results.

The Teen Endangerment Act also 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.                            

Support the Feinstein Amendment

The ACLU urges you to support the Feinstein Amendment. The Feinstein Amendment would exempt clergy members and a young woman’s grandparents from criminal prosecution under the Teen Endangerment Act.   Without this important amendment, a grandmother or clergy member who provides compassionate, responsible assistance to a young woman obtaining an abortion out-of-state could face federal prison time and criminal fines -- even if the young woman’s health was in danger or if she was the victim of incest.  Forcing a young woman to obtain abortion care alone does not protect her; it only isolates her and prevents her from obtaining the assistance of responsible adults.  The Feinstein amendment will allow a young woman to turn to a trusted grandparent or clergy member if she is seeking out-of-state abortion care. 

Support the Boxer Amendment

The ACLU urges you to support the Boxer Amendment.  The Boxer amendment would create an exception to the Teen Endangerment Act for circumstances where a young woman is a victim of incest.  By prohibiting an adult other than a parent from accompanying a teen to obtain out-of-state abortion, the Teen Endangerment Act isolates the most vulnerable teens -- including those who are the victims of incest.  The Boxer Amendment would ensure that young women who are the victims of incest have the assistance of trusted, caring adults.

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We all want teenagers to be safe.  The Teen Endangerment Amendment, however, will put our most vulnerable teens at risk.  The ACLU urges you to oppose the Teen Endangerment Act and to support the Feinstein Amendment and the Boxer Amendment.

Sincerely,

Caroline Fredrickson
Director

Greg Nojeim
Associate Director and Chief Legislative Counsel