ACLU Letter to House of Representatives Urging Support of the Davis Amendment to the FY 2006 Defense Authorization Bill

Support the Davis Amendment to the FY 2006 Defense Authorization Bill

Dear Representative:

The American Civil Liberties Union urges you to support an important women's health amendment that will be offered by Representative Susan Davis during the House Armed Services Committee's consideration of the FY 2006 Department of Defense Authorization Bill this week.

The Davis amendment would ensure that all U.S. servicewomen and military dependents, regardless of where they are stationed, have equal access to comprehensive reproductive health care. At a time when we are expecting so much from our military women, it is critical that they have every resource at their disposal to meet their health needs.

Current law prohibits women from obtaining abortion services at U.S. military hospitals, even if they pay for these services with their own private funds. For military women and dependents stationed overseas, this restriction poses grave health risks. Local facilities are often inadequate or entirely unavailable. Traveling to a safe facility can result in delays that may substantially increase the risks of an abortion procedure.

The ban on privately funded abortions also discriminates against women and their families who have volunteered to serve their country and have been assigned to military posts overseas. These women are prohibited from exercising their fundamental constitutional right to choose simply because of their military service and where they have been stationed. In a letter to Congress dated May 7, 1999, the Department of Defense opposed this harmful restriction, emphasizing ""it is unfair to female service members, particularly those assigned to overseas locations, to be denied their constitutional right to the full range of reproductive health care.""

Retired Lieutenant General Claudia Kennedy, the highest-ranking woman ever to serve in the United States Army, has spoken out again this ban, explaining that it is ""imperative that our soldiers have access to safe, confidential abortion services at U.S. military hospitals overseas."" General Kennedy noted that a soldier's situation is ""different from that of a civilian woman"" because ""she is subject to the orders of the officers appointed over her. Every hour of her day belongs to the U.S. Army and she must have her seniors' permission to leave her place of duty."" These factors make it extremely difficult for military women to access abortion services off base. For all of these reasons, the ban on privately funded abortions should be repealed.

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The ACLU urges you to support the Davis Amendment. Our military women deserve no less at this critical time.

Sincerely,

Laura W. Murphy
Director

Gregory T. Nojeim
Associate Director and Chief Legislative Counsel