Pro-life groups are poised to challenge the legality of the Freedom of Access to Clinic Entrances Act (FACE) passed by Congress just before Thanksgiving.
A conference committee is expected to iron out differences in Senate and House versions this month, and President Clinton intends to sign the bill.
“If this is signed into law, we will sue the federal government the very next day on behalf of pro-lifers,” says Judie Brown, president of the American Life League. “We will defend their right to picket, sidewalk counsel, and pray.” Such peaceful protest would be a federal crime under FACE, Brown and other pro-life leaders say. The bill creates prison terms and fines for anyone who makes entrance to a “reproductive health services” facility “unreasonably difficult.” In addition, those claiming obstruction could recover unlimited civil penalties.
“We are in the works to enjoin the bill constitutionally because of vagueness and the discriminatory aspect of enforcement,” says Keith Tucci, Operation Rescue National (ORN) executive director. “This could bring an end to religious free speech. Sidewalk preachers and door-to-door evangelism may be next.”
Pro-life leaders say laws will not stop fanatics with firebombs or guns. Tucci decries the fact that representatives from ORN—whose activists have never been convicted of damaging property or harming anyone—were not allowed to testify before Congress. He believes the bill passed under a “cloak of violence hysteria” (CT, Nov. 8, 1993, p. 40) with many “turncoat” Republicans in the 69-to-30 vote. The House passed the measure on a voice vote. An amendment by Rep. Christopher Smith (R-N.J.) to exempt those standing or kneeling in prayer at abortion facilities failed 255 to 177.
The conference committee must meld a Senate version calling for six-month jail terms and $10,000 maximum fines with a House plan with one-year terms and $100,000 fines. A House amendment—which passed 345 to 90—exempts parents attempting to stop unmarried daughters under 18 from obtaining an abortion. The day the Senate passed the bill the U.S. Supreme Court let stand a Mississippi law requiring two-parent consent for minor girls.
An amendment offered by Orrin Hatch (R-Utah) would extend the same penalties to those who destroy property or threaten to use force at churches. However, abortion activists who taunt pro-lifers at abortion facilities would not be subjected to any penalties under FACE.
By John W. Kennedy.
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