Up Your Rights
JUNE 1981 HIGH GEAR Page 7
The so-called "Family Protection" Act: How you are threatened
by Alexandria Ruden and Chris Guarnieri This month we complete our discussion of the Family Protection Act. We will begin with a look at the Food Stamp Act under the
Welfare title:
$1657. Rights of familles
“In any action brought under the provisions of this title involving the parent's role in supervising and determining the religious or moral formation of his child, there is a legal presumption in favor of an expan, sive interpretation of that role.” tion of that role." Comment: Needless to say, parents now have the right to determine their child's moral and religious training. This section expands and emphasizes the right of parents.
Section 404 of the Internal Revenue Code will be amended to read:
"(f) Additional Exemption for Childbirth or Adoption.-
"Sec. 202. (1) An indvidual shall be ineligible to participate in the food stamp program if such individual is enrolled in an institution of postsecondary education and such enrollment is determined, under regulations issued by the Secretary, to be a substitute for full-time employment. A household shall not be disqualified from particiation in the food stamp program under the preceding sentence because a member of such household, other than the head of such household, is enrolled in an institution of postsecondary education and such member's enrollment is determined, under regulations issued by the (2) Adoption of certain Secretary, to be a substitute for full-children.--In the case of the adoptime employment; but the benefits to tion of a child-which any such household is entitled under this Act shall be determined without regard to any such member or members of such household so
enrolled."
Comment: It appears that the Secretary of the Department of Health and Human Services would determine whether a student qualified for Food Stamps. The basis of the determination is whether the enrollment in a col-
lege is a substitute for full-time employment. We might add that anyone over eighteen years of age who chooses to go to school rather than work would probably be ineligible for Food Stamps. Under First Amendment Guarantees (or lack of them), the Act provides:
"Sec. 301. Neither the Federal Government nor any instrumentality thereof may by rule of regulation impose any legal obligation or condition with respect to curricula development and use, religious activities, licensure, contractual relationships with employees and staff, or operating procedures upon any childcare center, orphanage, foster home, social action training program, emergency shelter for abused children or spouses, school, juvenile delinquency or drug abuse treatment center or home, or similar program which is directly or indirectly operated by a church or religious organization. For purposes of the preceding sentence, the promulgation of reasonable health and fire regulations by an instrumentality exercising the authority of a local government shall not be prohibited."
Comment: It is obvious that the promoters of the Act are trying to eliminate all federal and state regulation of church or religiousoperated services, including childcare centers, emergency shelters, drug abuse programs, etc.
Anyone needing such services would be required to completely accept the conditions and programs offered by the religious groups, and the traditional nondiscriminatory qualifications based on need alone, would be eliminated.
.
“(1) In general.-An exemption of $1,000 for each child born to, or adopted by, the taxpayer during the taxable year.
"(A) whose parents were not members of the same`race,
"(B) who has attained the age of 3 before the beginning of the taxable year for which the additional exemption allowed by paragraph (1) is claimed, or
"(C) who is handicapped (within the meaning of section 190(b)(3), $3,000' shall be substituted for $1,000' in paragraph (1).
parent. Under Section (2)(A), no exemption is allowed for whites who adopt white children or blacks who adopt black children.
The exemption is only allowed it whites adopt non-white children and blacks adopt non-black children. This seems to give white parents the privilege to adopt minority children while denying the same privilege to black parents. It is not likely that black parents will be able to adopt white children because of shortage of adoptable white
children.
There is an apparent attempt to infuse all non-white children with white values if white parents are able to adopt non-white children.
Under Sections 501 (b), 502(b) and 503 of the Domestic Relation title, no federal funds shall be expended for the operation of
any child abuse, spousal abuse, or juvenile delinquency programs, respectively, unless such program has been specifically authorized by the State legislature.
These sections clearly rob communities of the right to set up programs in their areas to deal with these social and community problems.
Sec. 504. No program, project, or entity shall receive Federal funds, directly or indirectly, under any "(3) Joint return.--The additional provision of law unless such proexemption allowed by paragraph (1) gram, project, or entity, prior to for any taxable year shall not be providing any contraceptive device allowed to an individual who is not a or abortion service (including abormarried individual (as defined in tion counseling) to an unmarried section 143) or to a married individminor, notifies the parents or guardual (as defined in such section) who ians of such minor that such contradoes not make a joint return of tax ceptives are being provided. No such with his spouse for the taxable year. program, project, or entity shall Comment: At the outset, it is undertake the treatment of a minor important to note that under Secfor venereal disease unless a reasotion (3), exemptions for child-nable effort has been made to notify birth and adoption will be allowed only to married couples and only if the married couple files a joint return. Under Section (1), the $1000 exemption for a child born during the taxable year is not permitted the single
such minor's parents or guardians in writing within twenty-four hours after the decision to begin care has
been made.
Comment: As the law stands now, minors may get abortions, contraceptives and be treated for
620
CLUB
venereal disease without parental notification. This section seeks to change the law by severely limiting the rights of minors.
Under Section 506 of the Act, the Legal Services Corporation Act will be amended to prohibit funding by grant or contract to the Legal Aid Societies that:
"(8) provide legal assistance with respect to any proceeding or litigation which seeks to procure an abortion or to compel any individual or institution to perform an abortion. or assist in the performance of an abortion, or provide facilities for the performance of an abortion, or to compel State or Federal Governmeni funding for an abortion:
"(9) provide legal assistance with respect to any proceeding or litigation relating to the desegregation of any elementary or secondary school
or school system;
"(11)provide legal assistance with respect to any proceeding or litigation seeking to obtain or arising out of a divorce; or
"(12) provide legal assistance to any proceeding or litigation which seeks to adjudicate any issue of socalled gay rights." Comment: Legal Aid has traditionally provided legal services to those unable to hire private attorneys. The Act would severely limit the kind of cases legal aid attorneys would be allowed to take. One can see the kind of negative impact on social
values this Act fosters. HOMOSEXUALITY ADVOCACY
Sec. 507. No Federal funds may be made available under any provision of Federal law to any public or, private individual, group, foundation, commission, corporation. association, or other entity which presents homosexuality, male or female, as an acceptable alternative life style or suggests that it can be an acceptable life style.
HOMOSEXUALITY AND UNLAWFUL EMPLOYMENT
PRACTICES
Sec. 508, Section 703 of the Civil
Rights Act of 1964 is amended by adding at the end thereof the following new subsection:
"(k) As used in this Act, the term 'unlawful employment practice' shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a homosexual or proclaims homosexual tendencies. No agency, bureau, commission, or other instrumentality of the Government of the United States shall seek to enforce nondiscrimination with respect to individuals who are homosexuals or who proclaim homosexual tendencies.” Comment: These authors believe the above sections to be self-explanatory.
In conclusion, we would like to
encourage everyone to tell as
many people as possible of the dangers inherent in the Family Protection Act.
This oppressive and reactionary piece of legislation must not be passed.
Please write to your Congressperson and let him or her know of your fears.
Your silence could mean the end of freedom for individuals in America.
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