Archbishop's web site Denver Catholic Register Parishes Catholic Pastoral Center
April 24, 2002
Bills protecting infants, educational choice for poor to face opposition
By Jim Tatten
For those who follow the development of public policy, last week was an interesting and eventful week. For the Colorado Catholic Conference, a number of votes and decisions from the week will have important, long-term implications for its policy agenda at both the state and federal levels.
Infant Born Alive Act: HB 1317, sponsored by Rep. Ted Harvey, R-Highlands Ranch, and Sen. Doug Lamborn, R-Colorado Springs, passed the Colorado House of Representatives on a 49-13 vote. Known as the Infant Born Alive Act, the bill simply states that an infant who is fully born and showing signs of life must be recognized and protected under Colorado law like any other child, person or human being.
Despite strong support in the House and from Governor Bill Owens, HB 1317 will face a number of challenges in the Senate. The first hurdle will come sometime next week when the bill will be the subject of a public hearing before the Senate's Judiciary Committee. If it passes, HB 1317 will represent a significant legislative victory for unborn children.
Education Tax Credit: HB 1309, sponsored by Rep. Nancy Spence, R-Centennial, and Sen. Rob Hernandez, D-Denver, also passed the House on a strong, bipartisan vote. HB 1309 proposes to establish a state income tax-credit for a taxpayer making a qualifying contribution to certain scholarship funds.
Like HB 1317, HB 1309 will face strong opposition in the Senate, particularly in the Education Committee. A similar bill failed last year on the Senate floor by one vote.
The Colorado Catholic Conference is a strong supporter of state programs that promote parental choice in education, especially for low-income families.
Child Custody Protection Act: The U.S. House of Representatives passed the Child Custody Protection Act by a vote of 260-161. If passed into law, the Child Custody Protection Act will make it illegal to transport a minor across state lines to obtain an abortion without the knowledge of the minor's parent or guardian.
Supporters of the legislation, including the United States Conference of Catholic Bishops, believe the legislation is necessary in order to protect young, vulnerable girls from exploitation. In addition, the law will help protect the right of parents to be involved in a medical decision that will have lifelong physical, emotional and psychological consequences for their daughter.
Controlled Substances Act: A U.S. District Court judge struck down U.S. Attorney General John Ashcroft's decision to prohibit doctors in Oregon from prescribing lethal doses of federally controlled substance to cause the death of patients.
The Ashcroft policy reversed the policy of the Clinton administration, which allowed doctors to use federally controlled substances to assist suicides. It is likely that the decision of the District Court will be appealed.
Parental Notification Act: Colorado's parental notification law was declared unconstitutional by the United States Court of Appeals for the Tenth Circuit. The law, which was approved by voters in November 1998, requires a physician to provide at least 48 hours notice to the parents of a minor seeking an abortion.
According to the Tenth Circuit, the act fails to include an adequate "health exception," as required under the United States Supreme Court's decision in Roe v. Wade.
Within the next few weeks, the State of Colorado must decide whether or not to appeal the Tenth Circuit's decision to the United States Supreme Court. And, although time is short, there is a chance the Colorado General Assembly could address the alleged constitutional defect before it adjourns on May 8.
Legislative Luncheon: On Thursday, April 18, Colorado's five Catholic bishops were in Denver to meet with Governor Owens and to host a luncheon for members of the General Assembly. Attending the meeting and the luncheon were the members of the Colorado Catholic Conference: Archbishop Charles Chaput, O.F.M. Cap., and auxiliary Bishop José Gomez, S.T.D., from Denver; Bishop Arthur Tafoya from Pueblo; and Bishop Richard Hanifen and coadjutor Bishop Michael Sheridan from Colorado Springs.
Tatten is the executive director of the Colorado Catholic Conference.
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