- Today, by a margin of 99, the House of Representatives approved anti-abortion legislation that would make it a federal crime for anyone but a parent to assist a young woman in obtaining an abortion by crossing state lines without meeting her home state’s parental involvement laws. Under the "Child Custody Protection Act" (CCPA), sisters, brothers, grandparents and friends of a teen who seeks an abortion in a state that is not her home state may be subjected to federal charges if they accompany the young woman to the physician. The bill now moves to the Senate.
"This bill would not stop young women from having abortions. It would just force many to travel alone," said Julia Ernst, legislative counsel for the Center for Reproductive Rights. "CCPA is an attack on the right to choose abortion, aimed at a group of women whose access is already threatened."
In the United States, the right to travel without government interference and the right to associate with whomever one chooses are protected constitutional rights. However, this anti-abortion legislation would violate these rights by forcing a minor to comply with her own state’s law in addition to any requirements in the state in which she seeks an abortion, or risk prosecution of anyone who accompanies her. Minors traveling alone do not face a penalty.
If CCPA becomes law, its impact will vary from state to state. In all 50 states, CCPA could override the current state law or impose a parental involvement requirement in states where there currently is no such abortion restriction. For example, CCPA will override Ohio's law for some minors by requiring enforcement of other states' laws within Ohio’s borders. Despite the clear statement by the Ohio Legislature that minors should be able to notify other trusted family members, some people within the state of Ohio – some minors and Ohio abortion providers – will be required to comply with forced parental involvement laws of other states.
Thirty-three states enforce parental involvement laws, which require a minor to notify or secure the consent of one or both parents before obtaining an abortion. Of the remaining seventeen states, ten have enacted parental involvement laws which are not enforced within the state due to court rulings or Attorney General opinions; seven states and the District of Columbia have not enacted forced parental involvement laws.
Map of state laws before CCPA
