Letter to Congress on 26th Anniversary of Roe v. Wade

Dear Member of Congress:

Twenty-six years ago today, the United States Supreme Court issued its landmark rulings in Roe v. Wade and Doe v. Bolton, decisions that put an end to back-alley abortions and represented a giant leap forward in the fight for women's health and equality. We'd like to take the opportunity presented by this historic day to focus again on the importance of the right to choose to women's health and liberty, to continue to distinguish fact from fiction, and to emphasize the the absolute necessity of protecting the rights secured twenty-six years ago.

This Congress, we anticipate that a variety of measures restricting women's right to choose will once again be introduced. The debate surrounding this issue is rife with distortions and misrepresentations. Thus, it is essential to look beyond simple labels to consider the true consequences of such measures for women's health and well-being. For example:

• We expect once again to see proposed legislation that would criminalize the transport of a young woman across state lines to obtain an abortion if she has not met the requirements of her state's parental consent law. Such legislation has been touted as a means of encouraging teenagers to involve their parents in their abortion decision. But, in reality, its effect is to isolate already vulnerable young women and threaten their health by denying them the assistance of trusted adults during a difficult time. Although most teens involve their parents in the decision whether to have an abortion, those who do not are often the victims of family violence and abuse. Studies show that healthy family communication cannot be legislated.
• We expect to see legislation reintroduced that would mandate that teenagers secure parental consent to obtain contraceptive services. This legislation is often mischaracterized as a common-sense way to discourage teenage sexual activity. Its true effect, however, is to threaten the health of teens by preventing those who are already sexually active, and at especially high risk for unintended pregnancy and sexually transmitted disease, from seeking necessary health services.
• We expect again to see proposed legislation that would ban so-called "partial-birth abortion." This legislation has been mischaracterized as a prohibition on a single abortion procedure. But, as doctors have testified and courts across the country have found, its true effect is to ban the safest and most common methods of abortion used from early in a pregnancy. The legislation is not limited to a particular procedure or to a particular time in pregnancy; it has been so broadly written as to threaten the very right that we commemorate today.
• We expect once again to see legislation introduced that would restrict U.S. foreign aid to international family planning organizations who advocate legal abortion. This legislation has been inaccurately described as a prohibition on the use of U.S. dollars in such enterprises. Its true effect, however, has been to ban these organizations from using even their own money to advocate for legal abortion in their own countries. Such legislation silences strong advocates for women's health and equality around the world, and is profoundly anti-democratic.

In addition to defending against such attacks, a top proactive legislative priority this session will be to build on the significant victory last term that secured insurance coverage for prescription contraceptives in federal employee health plans. We hope you would support appropriate legislation to mandate contraceptive coverage in private health insurance programs to ensure that American women have full and equal access to methods of preventing unwanted pregnancies.

This anniversary is a time to remember what it was like in our society before choice was a protected right and to increase our resolve to ensure that efforts to turn back the clock do not succeed. We thank you for your past support of, and for your future commitment to, protecting women's health and equality with the right to choose.

Sincerely,

Laura W. Murphy
Director
ACLU Washington National Office