Sen. Marco Rubio, R-Fla., has introduced a bill that would outlaw taking a minor outside of her home state to evade its parental consent or notice for abortion laws. Rubio is co-introducing this legislation with Sen. Orrin Hatch, R-Utah.
A recent press release from the senator says:
If enacted, CIANA would serve two goals. First, it would prohibit the act of knowingly taking a minor across state lines with the intent of obtaining an abortion if this action evades the parental involvement law in her home state. And second, it would require abortion providers to notify a parent of an out-of-state minor before performing an abortion. With disparate state laws regarding parental involvement all across the country, this bill would ensure those state laws are enforced regardless of where an abortion may be performed.
CIANA allows for punishment, in the form of fines or imprisonment, of physicians who knowingly perform an abortion on a minor who has traveled across state lines and any individual who transported the minor across state lines. This legislation does not apply in the cases of a medical emergency, abuse or neglect.
States all over the country have laws requiring either parental consent before an abortion or parental notice — and several states require both.
The pro-abortion rights group NARAL views these laws as a way to “make it harder for teens to make a responsible and safe decision in a difficult situation.”
Some states, including Florida, are trying to make their laws even stricter. This year, the Florida Legislature passed a law that restricts access to a judicial bypass for the state’s parental notice for abortion law. Opponents of the law say it would violate a young woman’s confidentiality and would extend the waiting period for a bypass — effectively “endangering the health of young women.”
Some state laws have been ruled unconstitutional, and thus, are unenforceable. These strict notification laws have even faced legal action. Both Illinois and Arizona are currently embroiled in legal battles over their parental involvement laws.