No. 00-0224 IN RE JANE DOE
Opinion ofthe Court
ConcurringOpinion #1
ConcurringOpinion #2
DissentingOpinion #1
DissentingOpinion #2
DissentingOpinion #3
"This Court must interpret the statute as it is written; we are not free to ignore the judicial bypass language. The statute allows a minor to avoid notifying a parent if she can show that: (1) she is mature and sufficiently well informed to make the decision to obtain an abortion without notifying a parent; (2) notifying a parent would not be in her best interest; or (3) notifying a parent may lead to physical, sexual, or emotional abuse of the minor. See id. § 33.003(i). Concerning the first ground, the Legislature could have required that the minor be fully informed, rather than sufficiently well informed. The Legislature had before it -- but rejected -- at least one bill that would have required physicians to supply specified, detailed information about abortion procedures and alternatives to all women, including minors, in order to obtain their informed consent. See Tex. S.B. 65, 76th Leg., R.S. (1999). But the Legislature opted in the Parental Notification Act to impose only the more general requirement that a minor be "sufficiently well informed." (5) Moreover, to meet the third exception, the Legislature could have required the minor to show that notifying the parents would lead, or even would likely lead to abuse of the minor rather than the lower standard the Legislature chose -- that notification may lead to abuse. We do not mean to imply that all these more stringent standards would ultimately pass constitutional muster, but only point out that the Legislature made clear and deliberate choices about the statutory wording."