Judge declares state abortion law unconstitutional

[Clay]

CONCORD, New Hampshire (AP) -- A federal judge on Monday declared a New Hampshire law that would require parental notice before a minor could get an abortion to be unconstitutional.

The ruling came two days before the law was to have taken effect.

A brief online notice did not give U.S. District Judge Joseph DiClerico's reasoning for the ruling.

Opponents had argued the law was unconstitutional for reasons including the lack of an exception to protect the mother's health.

Attorney General Peter Heed had defended the law, saying judges had enough leeway to grant exceptions to make the law constitutional.

The law requires minors to notify a parent 48 hours before getting an abortion or, as an alternative, get permission from a judge.

"We won," said Martin Honigberg, one of several lawyers for Planned Parenthood of Northern New England, which along with other opponents had sued to block the law.

Republican Gov. Craig Benson, a strong supporter of the law, and Republican legislative leaders had no immediate comment on the judge's ruling Monday.

Similar laws have been struck down in other states. This summer, the Florida Supreme Court struck down a version in that state, saying the law violated privacy rights guaranteed by the state Constitution. A federal appeals court in Denver last year ruled that a similar Colorado law was unconstitutional because it provided no exceptions for health emergencies.



this is truly sad. i live in NH and am quite disappointed and am debating about writing a letter and making some phone calls. to know that a 15 yr old girl can go out and kill her baby without her parents approval is shocking, cruel, and downright wrong.

 

[Paul12]

I think that the notification laws should follow the same age as whatever the state's statutory rape age is. Statutory rape in my state is until age 15, so I think notifications should be required until then...after that, it's not needed.

 

[Philosoft]

I think that the notification laws should follow the same age as whatever the state's statutory rape age is. Statutory rape in my state is until age 15, so I think notifications should be required until then...after that, it's not needed.

No. By the law, abortion is a medical procedure like other medical procedures. Legally, it is of no consequence how the fetus came to exist. If a minor is allowed to have, for example, a broken bone set without parental notification, then the same protections must apply to abortion. The amount of emotional rhetoric surrounding an issue is not relevant.

 

[Paul12]

No. By the law, abortion is a medical procedure like other medical procedures. Legally, it is of no consequence how the fetus came to exist. If a minor is allowed to have, for example, a broken bone set without parental notification, then the same protections must apply to abortion. The amount of emotional rhetoric surrounding an issue is not relevant.

Emotional rhetoric is no concern to me, but a pregnant 14 year old was a victim of a crime, statutory rape. All I'm saying is that by requiring parental notification for a minor having an abortion, it will cause the parents to seek justice, since a law was broken. If this 14 year old can have an abortion without her parents knowing, then justice is not being done, by trying to find the statutory rapist.

 

[Tami]

No. By the law, abortion is a medical procedure like other medical procedures. Legally, it is of no consequence how the fetus came to exist. If a minor is allowed to have, for example, a broken bone set without parental notification, then the same protections must apply to abortion. The amount of emotional rhetoric surrounding an issue is not relevant.

Give me a break, Philosoft. Having an abortion is not anywhere near on the same level as having a broken bone set. How do you even compare the two? In most cases, there is no immediate risk to the mother's health as soon as she finds out she's pregnant. There's no reason for the parents of the child seeking an abortion not to be consulted. It's just a lame excuse for teenagers to be able to go out and have sex and get pregnant and be able have abortions so they can hide their behaviour from their parents. If my daughter is about to have the contents of her uterus sucked out I should be notified. Women have died from "safe, legal" abortions. If someone is about to give my daughter a potentially life-threatening procedure, I better be notified. How do you suppose a parent should handle it when the abortion clinic calls and says how sorry they are that their daughter died during an abortion procedure, especially when they didn't even know their daughter was pregnant? Get real.


Tami

 

[Philosoft]

Emotional rhetoric is no concern to me, but a pregnant 14 year old was a victim of a crime, statutory rape. All I'm saying is that by requiring parental notification for a minor having an abortion, it will cause the parents to seek justice, since a law was broken. If this 14 year old can have an abortion without her parents knowing, then justice is not being done, by trying to find the statutory rapist.

What does the abortion have to do with prosecuting a case for statutory rape? It's not like all evidence of the sex act will vanish upon termination of the fetus.

 

[Philosoft]

Give me a break, Philosoft. Having an abortion is not anywhere near on the same level as having a broken bone set. How do you even compare the two? In most cases, there is no immediate risk to the mother's health as soon as she finds out she's pregnant. There's no reason for the parents of the child seeking an abortion not to be consulted. It's just a lame excuse for teenagers to be able to go out and have sex and get pregnant and be able have abortions so they can hide their behaviour from their parents. If my daughter is about to have the contents of her uterus sucked out I should be notified. Women have died from "safe, legal" abortions. If someone is about to give my daughter a potentially life-threatening procedure, I better be notified. How do you suppose a parent should handle it when the abortion clinic calls and says how sorry they are that their daughter died during an abortion procedure, especially when they didn't even know their daughter was pregnant? Get real.

Chill. Application of the law is not based on my opinion. Some states may have parental notification as a blanket policy for all medical procedures for minors. If so, then abortion should be included. If not, there is no legal justification to single out abortion for parental notification. Abortion is no more lethal than any other moderately invasive procedure. I'll say it again: the personal emotional weight we might place on some particular issue is of no legal relevance. And that is not my opinion.

 

[Sociopath4Jesus]

What's so surprising. They have to follow all those Republicans on the Supreme Court.

 

[Anti-Fear]

stupid judge, parents should be able to know everything about the kids.

 

[Paul12]

What does the abortion have to do with prosecuting a case for statutory rape? It's not like all evidence of the sex act will vanish upon termination of the fetus.

No 14 year old girl will go tell her parents that she was a victim of statutory rape and had an abortion if she can go have an abortion without parental consent. All I am saying is that for justice to be done on the statutory rapists, this law must be upheld. I am saying this from a legal, not necessarily a moral, standpoint.

 

[Philosoft]

No 14 year old girl will go tell her parents that she was a victim of statutory rape and had an abortion if she can go have an abortion without parental consent. All I am saying is that for justice to be done on the statutory rapists, this law must be upheld. I am saying this from a legal, not necessarily a moral, standpoint.

Hmm. Perhaps there is some merit here, but the law would have to reflect the ages stipulated by rape statutes, not all minors.

 

[Sociopath4Jesus]

stupid judge

lol

 

[Mylinkay Asdara]

Well, I can't say I think it's a completely good thing, but it's not entirely bad either. *shrug*
Many fourteen year olds have probably found ways around telling their parents anyway. (Getting an adult female friend who is more sympathetic to just pose as their mother is probably the most common)

 

[HazyRigby]

Emotional rhetoric is no concern to me, but a pregnant 14 year old was a victim of a crime, statutory rape.

Not if she were having sex with another fourteen-year-old.

 

[msjones21]

I'm sorry, I think I should just throw in my $.02. In many states a minor child cannot walk into a hospital and have a surgical procedure without parental consent. Why should abortion be any different?

Just as a side note on the abortion legislation issue...I was disappointed to see that the state of Georgia is trying to pass a law that women of low financial means should have their abortion services paid for by the State. They claim it would only be in "life threatening" emergencies but something tells me that the definition of "life threatening" would extend beyond its normal parameters to encompass emotional distress or financial troubles. Sad.

But anyway, back on track. I think that parental consent laws should be in place. If abortion is going to remain legal there needs to be stricter guidelines. No doubt NARAL is thrilled about this recent ruling. I mean, I think it's all of our dreams in life to have a teenage daughter who sneaks to have sex, gets knocked up, and then runs to the abortion clinic to cover up her mistakes.

 

[HumbleMan]

If I may jump in on this also......

There's two things that have come to my mind....

1. Teenagers having sex (outside of marriage) has been around as long as man has. It's going to happen. What is appalling is the ease in which abortions are obtained. Abortion practices make it so easy, that they entice women to come in and before the women get a chance to think and reflect on it, the procedures done. There's minimal medical work-up, very little discussion of risks/consequences/alternatives/follow up care/etc. A woman can walk into an abortion clinic in the morning, never having been there before, and by noon, have had the procedure and is discharged. No other invasive procedure is done like that. None.

Laws need to be implemented to spell out (for all medical procedures) what pre-counselling needs to be done, define adequate medical work ups, and establish stringent follow up procedures.

Instead of trying to legislate the actions of the ones that are hurt and confused, we need to look at the industry itself.

2. Instead of laws saying a "minor" needs to consent to their parents, the law should read that anyone in a household that is financially dependent upon another member of the household should be required to report any procedure that could potentially cause financial liability to the caregiver. This can include possible future insurance claims. This may get around the confidentiality laws because they aren't required to say they're having an abortion, but they are having a procedure that may cause future financial liability.

 

[msjones21]

Abortion practices make it so easy, that they entice women to come in and before the women get a chance to think and reflect on it, the procedures done. There's minimal medical work-up, very little discussion of risks/consequences/alternatives/follow up care/etc. A woman can walk into an abortion clinic in the morning, never having been there before, and by noon, have had the procedure and is discharged. No other invasive procedure is done like that. None.

Of course it's that way. Women being informed would be the swift demise of the abortion industry. They don't want that...

 

[cindylou]

We are in such a sad state in this country regarding for one abortion, but two also in how to treat "minors". Really these are two different issues that are being thrown into one heap. In order to really address the issues, we will have to examine them separately. Personally, I am against abortion in all cases. I can however understand concerns with regards to the mother's life, but, medically, that concern is really quite rare. IN any case, abortion is legal in this and most countries, so for now until that changes we have to look further. There is a movement in this country to consider minors below about 15 as adults. 14 year olds are prosecuted in criminal courts as adult and even recieve the death penalty. Unfortunately, we just don't understand that children are children for much longer than the tender age of 14. Until about 18-20 young people just don't have the capacity to understand and comprehend the CONSEQUENCES of their behavior. Yes they may fully well understand that what they are doing is wrong or immoral, but they just don't grasp that all actions have a consequence and affect someone other than themselves. From age 12 to 18, young people are brain dead. They run on pure emotion, from hormones to rage. Remember? As long as our nation views children as adults, then we will continue to have cases like these...14 year olds consenting to all kinds of things. I know. I was an ER nurse for several years. I saw many 14 year olds who could legally sign for consent. But 9 out of 10 didn't know what was really happening, and couldn't really make SOUND decisions. Sadly abortion is a medical procedure. In the state of Alabama, 14 is the legal age of consent to medical treatment. We do not have to notify parents IF the children ask us not to. It puts a parent in a hard spot. I would be outraged if my son recieved any medical treatment without my knowledge. Unfortunately, I don't think it's going to end without a lot of fight. We don't want to "deny" anyone their civil rights. Frankly I wouldn't trust a 14 year old to tell me the truth about sex. They lie. I have listened to a 13 year old tell her parents adamantly that she had never had sex, ever, and yet have a + HCG (pregnancy test). As for statutory rape, the age difference in many states is simply this..under 15 regardless of the age of the offender it is statutory rape. At 15 a person can be "involved" with someone up to 23. (in Alabama)

 

[Dagna]

LOL, HumbleMan...you think it's that easy to have an abortion? I don't think so, and I speak from experience, having had one before, with parental consent no less. I had to make 2 appointments, first one for a pregnancy test and counseling as to my options, both with and without my mother being present. Then the second was for the procedure, where my options were discussed again, the medications were administered etc etc...After that, I was required to come in for a follow up visit, where birth-control options were discussed and a general check-up was done. So no, it's not as easy as people make it out to be.

As for my take on minors having abortions, I do think that anyone under the age of 16 should be required to have either consent from one parent or a judge. Parents are responsible for their children and should be notified when something like this is going on. At the very least, it would make some parents aware that they need to wake up and take some interest in their kids lives.

 

[HumbleMan]

Dagna, no I don't speak from experience. If I have made hasty judgements, or seem to belittle the experience and emotions that women have when they decide to do this, I humbly apologize. I have to rely on anecdotal evidence. But, considering the procedure done, I still think it's too easy, and under regulated, for the provider to do these. And I still think anyone living with their parents, irregardless of age, should have to inform them. God says to honor your father and mother, and to be honest and forthright is one way to do that.

Just so everyone knows my views on this debate:

I don't believe making abortion illegal will do anything to stop it, only make it less safe. I believe abortion is a sin, but like all other sins, can be forgiven. I believe that the time and money spent by protesters could be better used in outreach and counselling programs. I beleive the way to reduce and stop abortions is for parents to be involved in their child's life, to be honest and open with them, and to listen to them when they want to talk, and to tell them every day that they are loved.

We must take back our culture, not by law, for the law is what got the Jews in trouble, but by compassion, reason, love, and especially prayer.