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Senate votes to close abortion violence bankruptcy loophole

WASHINGTON, Feb 02 (Reuters Health) -- In a vote with major overtones for the 2000 presidential race, the Senate Wednesday voted overwhelmingly to prevent those convicted of abortion clinic violence from discharging court-ordered awards by declaring bankruptcy.

On the final day of consideration of a comprehensive bankruptcy bill, Vice President Al Gore cut short a day of campaigning to return to Washington in anticipation of having to break a predicted tie vote on an amendment offered by Sen. Charles Schumer (D-NY). Schumer's amendment would have prevented those convicted under the 1994 Freedom of Access to Clinic Entrances (FACE) law from using the bankruptcy code to avoid paying damage awards.

But Republicans -- who spent the morning arguing against the amendment -- at the last minute urged their colleagues to vote for it, presumably to deprive Gore of the ability to cast a key abortion rights vote in a campaign in which his challenger, former Sen. Bill Bradley, has been questioning his abortion voting record. "With this amendment accepted, nobody will be able to politically demagogue this issue in the context of bankruptcy reform," said Sen. Orrin Hatch (R-UT).

In the end, the amendment passed by a vote of 80-17, with Sen. Peter Fitzgerald, (R-IL), voting "present." Since the Vice President votes only in the case of a tie, Gore simply presided over the Senate during the vote, chatting with Democratic Senators who took the excuse of the Vice President's presence to hold a rally for him earlier in the morning. But the debate leading to the vote was far less good-natured. Abortion rights backers argued heatedly for the amendment. "This is not about abortion, it's about violence against women," said Sen. Patty Murray (D-WA). "We cannot allow violent extremists to use the bankruptcy code to carry out their violent agenda." Sponsors of the amendment noted that among those anti-abortion activists who have declared bankruptcy is Operation Rescue founder Randall Terry, who filed for Chapter 7 "to discharge my debts to those who would use my money to promote the killing of the unborn." Also filing for bankruptcy were five defendants who were found liable last year for publishing an Internet site encouraging the killing of physicians who performed abortions. But Republican leaders argued that the amendment was not needed. "We should not get into this type of social engineering in the bankruptcy code," said Hatch. "This is just another overreach by those who want to make a political issue out of this." In urging Republicans to vote for the amendment, Hatch vowed that "we will in good faith in conference correct the amendment."


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