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US split widens as judge bans abortion for a 13-year-old girl
Guardian (U.K.) ^ | 5/1/05 | Simon English

Posted on 05/01/2005 7:21:19 AM PDT by madprof98

America's division over abortion deepened further yesterday after a Florida court prevented a 13-year-old girl in a care home from terminating her pregnancy. The girl, known as LG, has made it clear she wants an abortion to which she would appear legally entitled, but has had her wishes blocked by state officials who argue she lacks the maturity to make a decision.

The case pits civil liberties groups against the religious right in clear echoes of the case of Terri Schiavo, the brain-damaged woman whose feeding tube was removed only after a ferocious legal battle.

LG is known to be more than 13 weeks pregnant, meaning that anti-abortion groups know how long they need to force a delay before a termination becomes difficult.

James Green, of the American Civil Liberties Union (ACLU), said: 'This child has made a clear choice; she has expressed it to the judge. There is no indication she is incompetent. We believe this is wrong as a matter of constitutional law and as a matter of good guardianship.'

The girl was due to have an abortion next Tuesday until Florida's Department of Children and Families, the agency responsible for her care, obtained an injunction.

LG has run away from state homes on several occasions, at one point going missing for more than a month, during which time it is understood she became pregnant.

The judge who granted the injunction is furious that the DCF didn't even alert the police that the girl was missing.

Judge Ronald Alvarez said: 'To say I am angry is an understatement.'

LG was taken away from her parents four years ago. Although psychologists have already agreed that the girl does not have any mental problems, the court has ordered another evaluation.

A spokesman for Florida Right to Life said: 'There is a rush to abort. To get rid of the evidence. Who impregnated her? You do not consent to sex at the age of 13.'

The Bush administration, which owes much of its electoral support to religious groups that find abortion abhorrent, described the situation as 'tragic' but believes Florida officials are acting in the girl's best interests. Lawyers acting on the girl's behalf have filed an appeal to let the abortion proceed.

Richard Wexler of the National Coalition for Child Protection Reform said: 'I hope they move very, very quickly because every day is another day of emotional torment for this child and every day the pregnancy continues, it becomes more dangerous.'

Abortion is probably the most politically explosive issue in America. This week alone there were at least two separate rows over the display of anti-abortion messages, with each side accusing the other of hate speech.

On Tuesday, a teenage girl wearing a T-shirt that featured a picture of a foetus' head above the words 'abortion kills kids' was sent home from her school in Tennessee.

The American Life League gave away 15,000 of the T-shirts to be worn last Tuesday, supposedly National Pro-Life day.

Pro-life organisations say they encourage children to get actively involved in the issue because they are "survivors of the abortion holocaust".

Meanwhile, the ACLU sued the state of Ohio for issuing car licence plates reading 'choose life'. It claims this is discrimination because there are no pro-choice plates.


TOPICS: Culture/Society; US: Florida
KEYWORDS: abortion; ruling; teens
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To: madprof98
This is the first report I've seen of a decision from the court. It seems contrary to the holding of North Florida Women's Health & Counseling v. State of Florida (FL, 2003).

... but has had her wishes blocked by state officials who argue she lacks the maturity to make a decision.

The first page of the above case notes that under the unconstitutional law, a minor must notify a parent, or in the alternative, must convince a court that she is sufficiently mature to make the decision herself, or if immature, that the abortion nevertheless is in her best interests."

This case rendered that law unconstitutional. This case did not hinge on the question of "maturity," but it appears that maturity is an irrelevant point, since a minor is entitled to obtain an abortion without consulting a court, without consulting her parents, and with no obligation on the part of the clinic to inform the parents.

21 posted on 05/01/2005 8:04:02 AM PDT by Cboldt
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To: madprof98
The case pits civil liberties groups against the religious right in clear echoes of the case of Terri Schiavo,

There are no "clear echoes". There would be "clear echoes" if she was forced to have an abortion against her wishes.

22 posted on 05/01/2005 8:04:59 AM PDT by Jim_Curtis
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To: neutrality
If that's true, will you people support this activist judge

I provided a link to the case, so you can see if "it's true" or not for yourself.

I am very pro-life. I think the case is an abomination. But the Florida legislature and voters revere the Florida court system.

23 posted on 05/01/2005 8:06:14 AM PDT by Cboldt
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To: Jim_Curtis

the biased writer misses the irony. The only echo of the Schiavo case is that the unborn baby is about to be removed from his/her life support system against her will.


24 posted on 05/01/2005 8:10:47 AM PDT by Ahban
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To: neutrality
If that's true, will you people support this activist judge

****************

Define "you people".

25 posted on 05/01/2005 8:11:26 AM PDT by trisham ("Live Free or Die," General John Stark, July 31, 1809)
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To: trisham

I guess I should have used another word. Just a general question to no one in particular.


26 posted on 05/01/2005 8:15:26 AM PDT by neutrality
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To: G Larry

It's the "who, when & where" that's missing here. I'd guess some 40 year old "kind doctor" who has threatened her into getting an abortion.


27 posted on 05/01/2005 8:21:09 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: ElkGroveDan
Meanwhile, the ACLU sued the state of Ohio for issuing car license plates reading 'choose life'. It claims this is discrimination because there are no pro-choice plates.

The solution to this for the government should be to wait till the ACLU has expended a huge number of dollars to fight this, then announce (with a straight face) that the government has relented and is offering a "Choose choice" plate.

And watch the steam come out of the ACLU's ears.

-R

28 posted on 05/01/2005 8:22:32 AM PDT by talosiv
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To: madprof98
This is a signal that the Pro-Life movement has successfully integrated the legal tactics

of the bloodthirsty evil leftist PRO-slaugher-an-entire-generation-of-children-in-the-name-of-liberty movement.

29 posted on 05/01/2005 8:22:43 AM PDT by Samurai_Jack (ride out and confront the evil!)
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To: madprof98

This infuriates me. This child was raped. At 13 she cannot consent to sex. There is little chance that if she carries this child to term, she will allow it be adopted.

She will keep it because it's cute and now she has someone to love. How is that a good thing?


30 posted on 05/01/2005 8:28:12 AM PDT by pa mom
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To: pa mom
She will keep it because it's cute and now she has someone to love. How is that a good thing?

How is killing a baby a "good thing"??? You pro-death people are sick.

31 posted on 05/01/2005 8:31:36 AM PDT by madprof98
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To: madprof98
At least there is hope that any emotional pain will be lessened over time, but what hope does an aborted baby have of living its life?
32 posted on 05/01/2005 8:33:09 AM PDT by Cultural Jihad
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To: trisham
Define "you people".

They used to say "you people" to put down African-Americans. (Remember Ross Perot's infamous speech.) These days, it is used to put down the most despised of all human beings in America: believing Christians.

33 posted on 05/01/2005 8:33:42 AM PDT by madprof98
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To: madprof98
James Green, of the American Civil Liberties Union (ACLU), said: 'This child has made a clear choice; she has expressed it to the judge. There is no indication she is incompetent.

I agree...This kid made a choice...A choice that got her pregnant...That was a bad choice...And now, she's made another bad choice...Good on the judge...

34 posted on 05/01/2005 8:35:18 AM PDT by Iscool (You mess with me, you mess with the WHOLE trailer park!!!)
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To: madprof98

This case stinks both ways. But no one is looking beyond the birth of the baby. Ideally, she never would have gotten pregnant. My choice would be for her to adopt out the baby.

Unfortunately there is great bias against adoption in this country. Many, many folks believe giving up a child is wrong (even if they support abortion) and many many people believe that a child is better off with a "natural" mother no matter the circumstances.

Just look at how many people search for birth mothers. Until we change that attitude as well, we will not win the battle for life. Just ensuring that children are born is not enough.


35 posted on 05/01/2005 8:35:33 AM PDT by pa mom
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To: Iscool

Good grief! She is 13. Under the law she cannot consent to sex. She was raped.

The best thing for both of them would be to adopt out the child. But most likely that won't happen.


36 posted on 05/01/2005 8:37:23 AM PDT by pa mom
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Comment #37 Removed by Moderator

To: pa mom

Raped by another 13-year-old?


38 posted on 05/01/2005 8:41:12 AM PDT by neutrality
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To: neutrality

Not that I know how old her partner was, but it's far more likely that he was around her age


39 posted on 05/01/2005 8:42:30 AM PDT by neutrality
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To: macaroona

I bet some will protest because it could cause abortion of a fertilized egg somehow and others because it infringes on the girls' rights somehow. Good grief!

It's rotten situation. I think you've got a decent idea. I'd like to see it be secret so they don't know they can't get pregnant. But I know that would trample on rights even more, huh?


40 posted on 05/01/2005 8:42:45 AM PDT by pa mom
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