Sponsor: Sen. Kevin xxxxx (I-OR)
Cosponsors: Sen. Tiffany xxxxx (I-TN)
Sen. Russ xxxxx (I-TX)
Sen. Chris xxxxx (I-CT)
Sen. James xxxxx (R-LA)
Sen. Andrew xxxxx (I-UT)
Sen. John xxxxx (D-CA)
Sen. Devon xxxxx (C-WA)
Sen. Carla xxxxx (D-OR)
Sen. Jon xxxxx (C-OH)
Sen. Noah xxxxx (L-NC)
Sen. Todd xxxxx (R-FL)
Sen. Ann xxxxx (C-NY)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Equal Reproductive Rights Act of 2002'.
SEC. 2. CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE.
(a) FINDINGS- Congress finds the following:
1. WHEREAS, the function of men in parenting has been confined largely to the second-class role of material provider; and
2. WHEREAS, healthy relationships and healthy families require that men be equal participants in every facet of parenting, including responsible contraception and conception; and
3. WHEREAS, in a substantial number of abortions, the prospective fathers are excluded from all phases of the pregnancy termination process, including any prior knowledge of the initial decision to abort and even post-abortion notification; and
4. WHEREAS, purported "freedom of choice" is neither freedom nor choice as long as one of the two partners-in-conception can unilaterally impose a decision on the other without notification, discussion, consultation, or any other form of reasonable or humane discourse; and
5. WHEREAS, the question of the participation of the prospective father in any decision to abort is a separate and distinct matter from those positions normally identified as "pro-choice" and "pro-life"; and
6. WHEREAS, individuals may in good conscience fully embrace either position and still hold to the heartfelt principle that conception and prenatal participation, as a vital part of a man's role in parenting, should be respected along with all the other facets of his parenting role; and
7. WHEREAS, men have been treated as an under class without reproductive rights since Roe v. Wade in 1973, despite the Fourteenth Amendment's guarantee of equal protection; and
8. WHEREAS, the decision to abort or to carry to term is an intensely private matter, and, to the maximum extent reasonable, the decision to do either should be made solely by the partners-in-conception, recognizing that the prospective mother retains full autonomy over her body; and
9. WHEREAS, ensuring that all options are fully understood and supported by each partner-in-conception before irreversible decisions are implemented requires the complete and healthy involvement of both partners; and
10. WHEREAS, a prospective mother has the moral responsibility to respect and support the rights of her partner-in-conception.
11. WHEREAS, a prospective father has the moral responsibility to respect and support the rights of his partner-in-conception.
12. WHEREAS, for the prospective father to participate fully in that process and to fully exercise his prenatal role as nurturer and protector, notification of conception and establishment of paternity are necessary:
(b) PURPOSE- It is the purpose of this Act to establish, as a statutory matter, limitations upon the power of States to restrict the freedom of a man to control his own reproduction, in order to achieve the same limitations as provided, as a constitutional matter, under the Substantive Due Process standard enunciated in Roe v. Wade and applied in subsequent cases from 1973 to present with respect to a woman's reproductive rights.
Sec. 3. ROLL OF CONGRESS.
(a) Although Congress may not by legislation create constitutional rights, it may, where authorized by its enumerated powers and not prohibited by a constitutional provision, enact legislation to create and secure statutory rights in areas of legitimate national concern.
(b) Congress has the affirmative power both under section 8 of article I of the Constitution of the United States and under section 5 of the Fourteenth Amendment of the Constitution to enact legislation to prohibit State interference with liberty or equal protection of the laws.
SEC. 4. FREEDOM TO CHOOSE.
(a) IN GENERAL- A State must recognize that--
1. The prospective father has the fundamental right to be informed by his partner-in-conception that conception has resulted from their union.
2. The prospective father has the fundamental right to participate with, but not dictate to, his partner-in-conception regarding any decision affecting the future of the fetus he helped create, unless barred by a restraining order/court order from having contact with her
3. The prospective father has the fundamental right to consult with his partner-in-conception, and to be apprised of any relevant information concerning the pregnancy or the abortion process, unless barred by a restraining order/court order from having contact with her.
4. A putative father has the fundamental right to a determination of paternity, at his own expense, during both prenatal and postnatal periods, at the earliest practical time, and by the most conclusive methods reasonably available.
5. The prospective father has the fundamental right to, irrevocably, terminate his prenatal and postnatal rights and responsibilities, in toto, with regard to the fetus he helped create. This right shall exist until said fetus is considered to have reached the point of viability or the beginning of the Third Trimester, whichever occurs first, at which time this right will no longer be available to him. If, after the child is born, he wishes to have (should say: regain) the rights of a father, his only option shall be to pursue a legal adoption.
6. The prospective father has a fundamental right of custody equal to that of his partner-in-conception and superior to that of any other. This right would be negated by conception caused by rape or incest.
7. The prospective father has the fundamental right, with the consent of his partner-in-conception, to be present at delivery.
8. The foregoing fundamental rights shall be neither abrogated nor abridged without due cause clearly and appropriately established.
(b) RULES OF CONSTRUCTION- Nothing in this Act shall be construed to--
1. Deny a woman the right to receive a legal abortion.
SEC. 5. DEFINITION OF STATE.
As used in this Act, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States.
Kevin xxxxx I -OR
Indy Clerk
H/HS Chair
Rules