John Ensign Sponsor of abortion bill says Americans accept "reasonable restrictions on abortion"
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WASHINGTON -- The Senate on Tuesday passed a bill making it a federal crime to take a teenager across state lines to terminate a pregnancy without parental consent, a move that promotes a parent's right-to-know over abortion rights.
Sponsored by Sen. John Ensign, R-Nev., the bill passed 65-34.
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But immediately the measure hit a roadblock when Democrats objected to sending it to the House or to a conference committee for further consideration.
The vote gave Republicans a victory in promoting a "values" agenda in advance of the fall elections. Ensign said it recognizes "the importance of parental involvement, and I believe it will bring more parents into this major decision-making process."
"This is one of the biggest moral issues of the day: the right to have an abortion," Ensign said. "It splits America. We need to look for common ground, where we can come together and have some reasonable restrictions on abortion."
Ensign said his bill provided such "reasonable restrictions," citing polls showing 80 percent of Americans agree there should be limits on teen access to abortions.
Fourteen Democrats, including Sen. Harry Reid, D-Nev., joined 51 Republicans in passing the measure. President Bush applauded the Senate action.
"Transporting minors across state lines to bypass parental consent laws regarding abortion undermines state law and jeopardizes the lives of young women," Bush said in a statement.
The House passed a version of the bill in April 2005, with several key differences. Senate Republican leaders wanted the House to consider the Senate version, and if they couldn't agree, to convene a conference committee to reconcile the bills.
But Sen. Richard Durbin, D-Ill., objected to moving forward, which froze the bill in its tracks. His spokesman Joe Shoemaker said Durbin was concerned that the bill was brought up in the Senate without any hearings by the Judiciary Committee.
Shoemaker said Democrats also have concerns that Republicans on a conference committee would merely accept the House bill, which is considered tougher by making it a federal crime for doctors to perform abortions on out-of-state teens without parental permission.
"The Senate Democratic leadership is now obstructing legislation supported by 80 percent of the public, doing the bidding of the abortion lobby," said Douglas Johnson, legislative director for the National Right to Life organization.
Nancy Northup, president of the Center for Reproductive Rights, maintained the bill is unconstitutional and would be challenged in court if signed into law.
"Far from providing protection, this legislation endangers the health of young women and criminalizes grandmothers, aunts and sisters for simply helping a loved one in a highly personal time of need," Northup said.
Ensign's bill threatens a fine and up to one year in jail for people who take a girl across state lines for an abortion without parental consent. The parents of a girl who has an out-of- state abortion would be allowed to sue the individual who transported their daughter. The girl would be exempt from prosecution.
Democrats argued that the bill did not protect teens in abusive families who cannot tell their parents about their pregnancies for fear of violence, or teens who are victims of incest.
Sen. Barbara Boxer, D-Calif., said the bill did not go far enough to protect girls in broken homes.
"This bill emanates from a desire that our children come to us when we have family matters, when our children are troubled," Boxer said. "This is what we want to have happen. The question is, can big brother, federal government, force this on our families? That is where we will differ."
Sen. Hillary Clinton, D-N.Y., described two young, pregnant clients she had as an attorney in Arkansas: a 15-year-old raped by her mother's boyfriend, and 12-year-old raped by her father.
"Now where was that child supposed to go?" Clinton asked. "Life isn't all the way we wish it would be. Sometimes the family isn't just negligent. Sometimes it's abusive."
Democrats argued that the way to stop teenage pregnancy was through education. Sen. Frank Lautenberg D-N.J., tried to add a grant program for sex education.
"We should all be able to agree the best way to reduce abortions is to reduce teen pregnancies. And the proven way to protect (teens) is by comprehensive education," Lautenberg said.
The amendment would have provided federal funding for programs that teach teens about abstinence and contraception.
Ensign said the amendment would cost $100 million. He argued that parents are best able to determine what their children are taught. The Lautenberg amendment was defeated, 48-51. Ensign voted against it while Reid voted for it.
The Senate approved an amendment aimed at protecting victims of incest. It would bar a father who rapes his daughter from suing the person who transports her to an abortion. It passed 98-2. Ensign and Reid voted for it.