Posted on 05/03/2005 7:33:22 AM PDT by areafiftyone
WEST PALM BEACH - A 13-year-old at the center of an abortion fight with the state was given permission Monday to terminate her pregnancy, but it was unclear whether she immediately underwent the procedure.
Attorneys for the girl, known only as L.G. in court papers, said the abortion was scheduled for later Monday. However, the state Department of Children and Families appealed the decision, according to Maxine Williams, one of the teen's attorneys.
"Since this is still in litigation, I can't speak to what's going on in court," DCF spokeswoman Marilyn Munoz said.
Palm Beach Juvenile Judge Ronald Alvarez issued an order last week temporarily stopping the teen, who lives in a state shelter, from having the abortion. DCF argued she was too young and immature to decide for herself and state law prohibited the agency from consenting to an abortion.
Alvarez held up the abortion until a psychological evaluation was completed, but he ruled Monday that the teen would not be physically or emotionally harmed by the abortion.
"Legally speaking, it's not a difficult decision to make," Alvarez was quoted as saying by the South Florida Sun-Sentinel. "Morally speaking, it's a very difficult decision for this court to make. ... But I'm not here to make the moral decision. I'm here to make the legal decisions."
"He ruled that she is competent, that she has made a decision and that she has a right to act on that decision," said Howard Simon, executive director of the Florida branch of the American Civil Liberties Union, which helped represent the girl. The judge also declared "her right to act on that decision is also in her best interest," Simon said.
The teen, who was more than 14 weeks pregnant, has been in DCF care for at least four years.
Her attorneys say Florida law protects a minor's right to choose an abortion.
Florida's high court cited state privacy rights in 1989 when it tossed out a law that would have required parental consent for a minor's abortion.
Fla. Won't Appeal Abortion for 13 - Year - Old
"WEST PALM BEACH, Fla. (AP) -- A judge ruled that a 13-year-old girl at the center of an abortion fight with the state may terminate her pregnancy, and Gov. Jeb Bush said Tuesday that the state will not appeal further."
Juvenile Judge Ronald Alvarez ruled Monday that the teen, who has been in state custody for four years, would not be physically or emotionally harmed by the procedure. Last week, Alvarez blocked the girl's abortion until a psychological evaluation was completed.
''He ruled that she is competent, that she has made a decision and that she has a right to act on that decision,'' said Howard Simon, executive director of the Florida American Civil Liberties Union, which represented the girl.
It was unclear Tuesday whether the girl, 14 weeks pregnant and known only as L.G. in court papers, had yet undergone an abortion. Calls to the girl's attorneys seeking an update were not immediately returned.
State Department of Children & Families spokeswoman Marilyn Munoz said the agency would ''respectfully comply with the court's decision.'' She declined to provide further details.
''We are working for the best interest of the young girl,'' Munoz said.
The teen became pregnant after running away from the DCF shelter where she lives.
''It's a tragedy that a 13-year-old girl would be in a vulnerable position where she could be made pregnant and it's a tragedy that her baby will be lost,'' Bush said in Tallahassee.
The department had argued that the girl was too young and immature to decide for herself to have an abortion. The agency said state law prohibited the agency from consenting to the procedure.
The girl told the judge last week as part of the psychological evaluation process that she wanted an abortion, citing her age and no way to support a baby. The girl's ACLU attorneys argued that Florida law protects a minor's right to choose an abortion.
A measure is moving through the state Legislature to require notification of parents or guardians when girls seek abortion. In 2003, the Florida Supreme Court struck down a 1999 law requiring parents to be notified if their minor daughters seek an abortion.
Adoption is an excellent option. Unfortunately there is a huge stigma against adoption in this country. We need to change that attitude and there will be few abortions.
Too many women with unplanned pregnancies keep a baby they cannot properly mother instead of chosing adoption.
Uh oh, you said grey area. They aren't going to like you for that!
I posted something very similar to this on another thread about this tragic situation. And got called Hillary and Jane Fonda and accused of wanting to punch pregnant women in the stomach till their babies died.
Watch out!
Something tells me the legally innocent person that was conceived in this 13 year old has already been executed by the state.
Many women will not place their babies for adoption and the children suffer.
Not in Florida she wouldn't. No parental consent, no court substitution for consent, and the law that made it mandatory for a doctor to inform the parent was also struck down.
http://www.law.fsu.edu/library/flsupct/sc01-843/op-sc01-843.pdf
Supporting Abortion in the case of life of the mother is not hypocrisy because if their is no abortion both the mother and child die.
She'd be free to do it whether she delivers or not. Doubt that will change, unfortunately.
The Death Penalty is PRO-Life because it stop murderers from murdering again.
And what unjust Wars?
If you are going to say the War in Iraq and Afghanistan are unjust then BRING IT ON!
You're comparing an innocent life to the evil lives of murderers? You're actually stating that being anti-capital punishment is on par with being pro-life? Please forward me the DU link, I'm not familiar with their other talking points.
I just read that the girl's mother, who lost HER to DFS, would raise the child if the girl has it.
Maybe the kid isn't photogenic.
Why would the guardian know better than the child?
Next time my kid wants to eat dessert only, I'll just have to say, "Well, I guess a judge thinks YOU know better."
And when he grows older, and wants to stay out until 2:00 am, I'll just have to say, "The judges think you know better."
Of course, if a child can make such a huge, fundamental decision as to whether to kill another human being, they must be competent to determine their own diet, their own hours, their education, and their other behaviours.
These judges are idiots. Pure, unadulterated idiots.
Judge Ronald Alvarez is speaking from some kind of experience??? How dearly I would love ten minutes alone with the guy, let him know of the pure hell he is letting this girl into.
I have never so much as fleetingly regretted having kids. I'll go to my grave with regret for the two I didn't have. Statistically, I should live another 35 years or so...that's a whole lot of torment I have ahead of me.
Prayers for this poor girl. I know what's in store for her.
Here's hoping that Gov. Bush DOES do something in his power. That 13 year old was in a "state shelter", and obviously, if she's getting knocked up, she's not being properly sheltered. He needs to order an immediate investigation into whatever bozos are running this so-called "shelter", and some heads need to roll.
That's the only thing that will minimize the chances of this happening again. Fear of being kicked off the taxpayer-fueled trough might make some of these "shelterers" do a bit more sheltering.
Fine. Take the emotion out of it. Take out the emotion, the religion, take out all of the "gray" and look at the cold, hard, scientific facts. An individual human life with unique DNA is going to be put to death. Grey areas are for liberals. There is right and there is wrong when it comes to abortion. There IS no gray.
Jeb Bush DO something???
Excuse me while I laugh hysterically at the mere thought of that happening!
Still then the reason a case like this would come to court is because that is what the law requires. The minor has to either show the court that she is mature enough to make the decision on her own or if not that the abortion would still be in her best interests. This isn't a case of a court acting on its own making up laws. It's a case of a court following the laws that were enacted by the legislature. I guess what I was really responding to were comments made by a few on this thread accusing this judge of being some sort of liberal activist judge. I don't know anything about the guy but he did appear to make comments suggesting that he had moral reservations about his decision but the law was clear so he did what he had to do. Boy I'd hate to be a judge in this day in age. People jump all over them if they don't follow the law and they jump all over them if they do follow the law.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.