Senate protects pro-lifers in bankruptcy reform

By Tom Strode - Mar 15, 2005

The Senate defeated March 8 a measure to prevent pro-life protesters from filing for bankruptcy when they are fined by courts.

The pro-life victory came on an amendment offered by Sen. Charles Schumer, D.-N.Y., whose proposal had held up approval of bankruptcy reform legislation in the past. The Senate defeated Schumer’s amendment by a 53-46 vote. Sens. Robert Byrd, D.-W.Va., and Ben Nelson, D.-Neb., were the only Democrats to oppose the amendment. Four Republicans voted for the amendment: Sens. Lincoln Chafee of Rhode Island; Susan Collins and Olympia Snow, both of Maine, and Arlen Specter of Pennsylvania.

Senate opposition to the measure was based not only on its treatment of peaceful pro-life demonstrators but on the likelihood it would again result in the House of Representatives rejecting the bankruptcy bill to which it was attached.

In 2002, the Senate approved the bankruptcy legislation with Schumer’s amendment attached. Pro-lifers in the House, however, led a charge that killed the bill.

Schumer’s amendment, in essence, applies the principles of the Freedom of Access to Clinic Entrances Act to bankruptcy law. The FACE Act, which was enacted in 1994, criminalized nonviolent protests at abortion clinics and empowered clinics to file civil suits for hefty sums against protesters who had been convicted of a crime.

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