Issues & Implications In addition, because the bill effec- tively requires the federal govern- ment to take sides on policies that The Child Custody Protection Act: are made by individual states— policies on which states are diamet- A ‘’ Issue at the Top rically opposed—the legislation raises a host of constitutional and Of the Antiabortion Agenda “federalism” issues that transcend By Rebekah Saul the issue.

According to its lead House sponsor, fication who are unable or Minors and Abortion Rep. Ileana Ros-Lehtinen (R-FL), the unwilling to involve their parents While teenagers account for about so-called Child Custody Protection when faced with an unwanted preg- one-fifth of all obtained in Act (CCPA) would “assure that the nancy. That it is the centerpiece of the United States, minors account rights of parents across the Nation this year’s antiabortion agenda could for fewer than one in 10 abortions are not trampled by strangers who, be seen more as indicative of the performed. Nonetheless, the debate without the knowledge of the parents, movement’s central weakness than over whether a minor should be pro- take the minor girls to obtain an its ultimate strength. Indeed, as hibited from obtaining an abortion abortion.” Approved overwhelmingly most of its leaders are now openly without her parent’s knowledge by the House last month and slated willing to admit, the movement has ranks as one of the most contentious for Senate consideration this fall, the been compelled by the realities of and relentless among policymakers CCPA would make it a federal crime public opinion to defer working across the country. to transport a minor across state actively on its ultimate goal—revok- lines to obtain an abortion if the ing the constitutional right to abor- Parental involvement proponents parental involvement requirements in tion and outlawing the procedure contend that parents have a right to her home state have not been met entirely—and focus, at least for the decide what medical services are (see For the Record, page 12). foreseeable future, on making gains provided to their minor children. at the margins. However, states have long recognized Introduced only last February, the the importance of allowing teens to CCPA’s meteoric rise to the top of None of which, at least in the short the congressional agenda in an term, makes it any easier for the pro- abbreviated and already jam-packed choice side. To the contrary, the The CCPA tells a young election-year session is testament to issues that are now the focus of the woman to deal with a the power of social conservatives antiabortion movement’s incremental crisis pregnancy by within the Republican party. Top strategy, like banning “partial-birth” movement leaders, including James abortion and enforcing parental herself, rather than by Dobson and Phyllis Schlafly, have involvement in minors’ abortions, are turning to a trusted recently threatened to leave the also highly popular—even among friend or family member. GOP and take their grassroots with many who consider themselves pro- them if the party doesn’t demon- choice. Yet, while they might target a receive confidential health services, strate its commitment to their policy relatively small number of women, especially where sensitive health priorities. In its public relations and their impact would hardly be “mar- issues are concerned. According to a politics, the CCPA is well-suited to ginal” on those affected. 1997 analysis by The Alan the leaders’ demands. As evidenced Guttmacher Institute (AGI), no state in Ros-Lehtinen’s statement, it is a Indeed, as passed by the House and mandates parental consent or notice kind of “two-for-one”—tailored to by Senate committee, the CCPA for minors seeking contraceptive ser- win election-year kudos from back- would criminalize anyone—a grand- vices, prenatal care, sexually transmit- ers of the conservative “parental parent, sibling, member of the clergy ted disease (including HIV) services or rights” movement as well as from or medical professional—who aids a treatment for alcohol or drug abuse; in abortion rights opponents. minor in traveling to obtain an abor- fact, many states have explicitly tion, subjecting them to up to a year authorized minors to consent for these The fact remains, however, that the in jail and a fine of $100,000. In services. Similarly, states have largely CCPA would affect only a small por- effect, it tells a young woman to find declined to obstruct a minor’s ability tion of women seeking abortion ser- a way to deal with a crisis pregnancy to make other reproductive-related life vices—those under age 18 living in by herself, rather than by turning to decisions; only a handful of states states with parental consent or noti- a trusted friend or family member. require parental involvement in adop-

The Guttmacher Report on Public Policy A ugust 1998 1 tion services, and none requires many states have enacted laws that to a neighboring state. In fact, there parental permission for a minor to require the involvement of at least is some evidence that minors—as carry a pregnancy to term and one parent in a minor’s abortion deci- well as adult women—do travel become a parent herself. sion. A number of states, however, across state lines to obtain abor- have enacted expanded adult involve- tions, although it is not known what Moreover, many minors voluntarily ment laws that allow grandparents, portion do so to avoid parental involve their parents when deciding adult siblings or other adult relatives involvement laws or for other rea- to terminate an unplanned preg- to consent instead of a parent. sons, such as to obtain services from nancy. The younger the minor, the the nearest facility. more likely she is to involve one or Twenty-one states are not enforcing both parents in this decision; parental involvement laws of any kind, To bolster their case, bill sponsors according to a 1991 study conducted either because the legislature has con- have repeatedly highlighted a recent by AGI, more than seven in 10 sidered and rejected such a policy, or incident in Pennsylvania in which a minors under age 16 who obtained because the state constitution affords 13-year-old was taken out of state by an abortion reported that one or the same privacy protections to her boyfriend’s mother to obtain an both parents knew about it. And, in minors as it does to adult women. In abortion without parental consent. If virtually every case in which the two states and the District of enacted, they say, the legislation parent knew about the minor’s abor- Columbia, legislatures explicitly have would serve to prevent situations tion, the parent was actively granted minors the right to consent to where “strangers” are involved in involved in some way—either by abortion services. As a result of states’ aiding a minor to travel. As written, helping the minor to make the deci- divergent views, the United States rep- however, the CCPA, targets anyone sion, paying for the abortion or help- resents a patchwork of conflicting and who would help an adolescent get to ing her get to the abortion clinic. varying laws on this issue (see map). a clinic in another state. In commit- tee markups, antiabortion members According to the same study, fully rejected attempts to amend the leg- Family Values? three in 10 minors who obtained an islation to exempt grandparents, abortion without telling a parent did CCPA proponents argue that the aunts, uncles, and siblings, along so because they had experienced vio- legislation is necessary to close a with members of the clergy and lence in the family, feared that vio- “loophole” in state laws—the fact emergency medical personnel, say- lence would occur, or were afraid of that minors, if they have the means ing such amendments would being forced to leave home. Still, and resources, may be able to travel “weaken” the bill.

During floor consideration of the bill, STATE PARENTAL INVOLVEMENT LAWS opponents complained vociferously that the bill does nothing for family values since it targets family mem- bers as well as the “strangers” to whom the bill’s authors refer. “Unfortunately...” stated Sheila Jackson-Lee (D-TX), “family mem- bers, including a minor’s grandpar- ents, can be criminally prosecuted for assisting their granddaughter in obtaining an abortion....If we force our daughters, our granddaughters, our sisters, our nieces and cousins to act without the guidance of someone they can trust, where will they turn?”

Taking Sides In addition to raising critical policy concerns, the CCPA brings with it a host of constitutional and legal prob- REQUIRES PARENTAL CONSENT (12) lems, foremost among them issues of REQUIRES PARENTAL NOTICE (8) federalism. On a policy question REQUIRES PARENTAL OR OTHER ADULT INVOLVEMENT (9) (Continued on page 7)

The Guttmacher Report on Public Policy A ugust 1998 2 Child Custody Protection Act... travel to neighboring states and Indeed, the White House has indi- Continued from page 2 across the nation, we understand cated a particular sensitivity to this that we must conform our behavior measure: In a Statement of over which states are divided, it to the laws of the States we visit. Administration Policy (SAP), it sug- would be unprecedented for the fed- When residents of each State may gested the president could support eral government to take sides and carry with them only the laws of “properly crafted” legislation that help one state enforce its policies their own State, they may be advan- was amended to exclude close family across borders, while providing no taged or disadvantaged but one thing members from criminal and civil lia- such assistance to a state with an is clear: We will have turned our fed- bility as well as protect persons who opposing view. Sen. Patrick Leahy eral system on its ear.” only provide information, counsel- (D-VT) has emphasized this point, ing, referral or medical services. arguing that “[J]ust because some in Looking Ahead Congress may prefer the policies of As with the pending ban on “partial- one State over those in Vermont, The overwhelming margin by which birth” abortion, which the president does not mean we should give those the House endorsed the CCPA—the also has said he would sign if it were policies federal enforcement author- vote was 276–159—amply demon- modified only slightly to include an ity across the nation.” strates the extent to which abortion exception to protect the woman’s foes have mainstream appeal going health, antiabortion leaders are As an example, Leahy pointed out for them on this issue. In their unlikely to take up the president’s that Vermont allows the carrying of strategic calculations, bill propo- challenge. Apparently they have concealed weapons without a per- nents probably also did not overlook made the political calculation that, mit, while ’ bars the fact that President Clinton new law or not, they have a winning that practice. “When Vermonters signed a mandatory parental notice horse to ride into the fall campaigns. law while governor of Arkansas.

The Guttmacher Report on Public Policy A ugust 1998 7