American Civil Liberties Union

Reproductive Freedom:
The ACLU's Reproductive Freedom Project protects everyone's right to make informed decisions free from government interference about whether and when to become a parent. Learn more about our work in reproductive health and take action to protect rights guaranteed to all Americans.



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Coalition Letter in Opposition to Elementary and Secondary Education Act (5/16/2001)

Dear Senator: 

The undersigned organizations committed to women's reproductive health strongly urge you to oppose an amendment that Senator Jesse Helms (R-NC) plans to offer to the Elementary and Secondary Education Act (S. 1) to restrict minors' access to emergency contraception at school-based health centers, unless they obtain mandatory written parental consent. 

The amendment is misguided for several reasons. First, it is an unprecedented restriction on access to contraception. Emergency contraception is just that-contraception. Approved for use by the federal Food and Drug Administration (FDA) 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. Their mode of action is no different than other methods of contraception, including birth control pills and even breastfeeding. Emergency contraception cannot interrupt or disrupt an established pregnancy and should not be confused with mifepristone (also known as RU 486). 

In addition, the Helms amendment will deter teens who have had unprotected sex or have experienced contraceptive failure from seeking the services necessary to avoid unintended pregnancy. Teens seeking emergency contraception at school-based health centers are already sexually active and want to act responsibly to avoid unintended pregnancy. If teens are required to obtain parental consent for emergency contraception, an extremely time-sensitive health service, many will simply forego this important means of pregnancy prevention. They also may miss a critical opportunity to be counseled by a health professional about the benefits of delaying sexual activity, the risks of unprotected intercourse, and the importance of being tested for sexually transmitted diseases, including HIV. 

The amendment also overrides the ability of local decision-makers to determine how best to deliver health services to adolescents. While school-based health centers vary in size, form, and services provided, they have in common advisory boards comprised of community representatives, parents, youth, and family organizations who all participate in the planning and oversight of the health center. Decisions about what services are appropriate in these settings should be left to local decision-makers who can assess the needs of their own communities. In addition, the Helms amendment would override the laws of 25 states that explicitly allow teens to consent to confidential contraceptive services. 

Finally, the Helms amendment is contrary to the recommendations of major medical and public health organizations, which support young people's access to confidential health care, including contraceptive services. Leading medical groups, including the American Medical Association, the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, the American Academy of Family Physicians, the American Public Health Association, the National Medical Association, and the American Nurses Association oppose mandatory parental consent requirements for young people to obtain family planning services. As a result of its safety, efficacy, and potential to cut the number of unintended pregnancies in half, the American Medical Association, the American College of Obstetricians and Gynecologists, and nearly 60 other organizations recently urged the FDA to take action to make emergency contraception more widely available. 

We strongly urge you to oppose the Helms amendment, a misguided policy that disregards science, overrides local decision-makers, conflicts with medical ethics, and is contrary to our shared goal of reducing the nation's staggering rates of teen pregnancy and abortion. 

Sincerely, 

Advocates for Youth
American Academy of Family Physicians
American Academy of Pediatrics
American Association of University Women
American Civil Liberties Union
American College of Nurse-Midwives
American College of Obstetricians and Gynecologists
American Medical Women's Association
American Nurses Association
American Psychological Association
American Public Health Association
American Society for Reproductive Medicine
Americans for Democratic Action
Association of Maternal and Child Health Programs
Association of Reproductive Health Professionals
Center for Reproductive Law and Policy
Center for Women Policy Studies
Central Conference of American Rabbis
Child Welfare League of America
Choice USA
Girls Incorporated
Hadassah, the Women's Zionist Organization of America
National Abortion and Reproductive Rights Action League
National Abortion Federation
National Association of Nurse Practitioners in Women's Health
National Council of Jewish Women
National Family Planning and Reproductive Health Association
National Network for Youth
National Partnership for Women & Families
National Women's Health Network
National Women's Law Center
People for the American Way
Physicians for Reproductive Choice and Health
Planned Parenthood Federation of America
Religious Coalition for Reproductive Choice
Sexuality Information and Education Council of the United States
Society for Adolescent Medicine
The Alan Guttmacher Institute
Union of American Hebrew Congregations
Voters for Choice
Women of Reform Rabbis
Zero Population Growth 

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