Every January, Pro-Life and pro-choice groups alike reflect on the
Right to Life movement. January 22 will mark 33 years since Roe v. Wade
legalized abortion in America. The Culture of Life has made great strides,
continuing an incremental approach towards changing the hearts and minds
of Americans. One piece of incremental legislation is now being heard
at the U.S. Supreme Court—the first abortion-related case in over
five years. The American public continues to voice support for legislation
that decreases the number of abortions and better protects women and
children. U.S. Supreme Court nominee Samuel Alito also supports such
legislation, and we hope that he will have the opportunity to do so
from the bench. This year, let us continue to work hard to ensure that
the Culture of Life will prevail. We must resolve to do all we can—pray,
stay educated, contact your legislators, and talk with your friends
and family.
Please read this issue of the Pro-Life Update carefully to understand
some of the challenges we now face and how you—an educated Pro-Lifer—can
advance the Culture of Life. Please share this information with your
family, friends, and church congregations. Make copies. Spread the news.
NH’s Parental Notice Heard at U.S. Supreme
Court
In 2003, New Hampshire passed a Parental Notice Law that would require
an abortion clinic or abortion provider to notify the parent of a minor
girl 48 hours prior to her undergoing the procedure. Pro-abortion advocates
have been arguing that the law is unconstitional because there is no
health exception. This case has been tied up in the New Hampshire courts
for two years and is now being considered by the U.S. Supreme Court
(Ayotte v. Planned Parenthood).
On November 30, 2005, the U.S. Supreme Court heard arguments for the
case. New Hampshire Attorney General Kelly Ayotte told the San Francisco
Chronicle that she thought the high court judges seemed inclined to
keep the notification requirement in place if they can ensure that girls
in emergency health situations will be protected. Justice Sandra Day
O’Connor (who will only get to vote on this case if she is still
on the court when this ruling is made) suggested that there might be
a way to deal with the lack of a health exception without blocking the
law entirely.
The court must determine whether the law can stand as constitutional
without the health exception. A parent would be notified in any medical
emergency involving a minor child; abortion should not be exempt from
that standard. Chief Justice John Roberts, addressing the possibility
of striking down the law, stated: “The problem arises only in
an emergency situation. The vast majority of cases don’t involve
an emergency situation. Why challenge the act as a whole when the objection
is so narrow?”
Most states do require parental involvement when a minor girl is seeking
an abortin. Currently, 24 states require parental consent, while 19
states (including New Hampshire) require parental notification.
Alito Hearings Will Focus on Abortion
The hearings on Samuel Alito’s Supreme Court nomination will focus
on abortion. According to Sen. Arlen Specter, “There are a lot
of big, big issues that the nominee has to answer, but this is the one
which has captured the public’s imagination.”
Senator Specter, a pro-abortion advocate, hopes Alito will commit to
uphold Roe v. Wade. Alito, however, will most likely follow Chief Justice
John Roberts’ lead and say that he respects Supreme Court precedent
but not comment on upholding or overturning the decision.
Recently uncovered memos written by Alito while working under President
Ronald Reagan seem to show Alito’s Pro-Life alliance. In two different
memos, Alito wrote that there is not a right to abortion in the Constitution;
he stated his desire to seek ways to limit abortions until Roe v. Wade
can be overturned. He also said that he enjoyed fighting for Pro-Life
values while working for President Reagan.
Samuel Alito supports state legislation that limits abortion (such as
Parental Notification or Woman’s Right to Know legislation)—an
incremental approach toward ending abortion in our country. “I
find this approach preferable to a frontal assault on Roe v. Wade. It
has most of the advantages of a brief devoted to the overruling of Roe
v. Wade. At the same time, it is free of many of the disadvantages that
would accompany a major effort to overturn Roe.”
Poll Shows Americans Want Abortion Limits
Last November, a poll conducted by Gallup found that the majority of
Americans oppose most abortions and support abortion limits, such as
Parental Notification. They do not, however, yet approve of a Constitutional
amendment banning most abortions.
Currently, 54 percent of Americans oppose either all abortions or all
but “the exceptions” (rape, incest, mother’s life).
39 percent of those polled thought abortion should be illegal except
for instances of rape, incest, or preventing the death of the mother.
Only 16 percent thought abortion should be illegal in all circumstances.
Conversely, just 42 percent generally support abortion (26 percent saying
it should always be legal with another 16 percent saying it should be
legal in most circumstances).
Polls have consistently found that the American public favors incremental
legislation limiting abortion. This Gallup poll again showed that 69
percent of Americans support Parental Notification laws, while just
28 percent oppose them. If states continue to pass legislation such
as Parental Notification, Woman’s Right to Know, and Partial-Birth
Abortion bans, then the number of abortions in our country will continue
to decrease, and the society’s acceptance of this vile procedure
will continue to decline.
The Pro-Life movement still has much work to ensure that all people
throughout the world are welcomed into Life and respected. If you would
like any additional information on the topics discussed above, please
send me a note or log onto www.TexasRightToLife.com. If you ever have
questions about any Pro-Life issues, please be sure to let me know.
