Judge orders abortion for disabled woman (Florida)

World Net Daily ^ | 5-23-03 | WND

[cgk]

MATTERS OF LIFE AND DEATH

Judge orders abortion
for disabled woman

28-year-old also to undergo tubal ligation to bar future pregnancies

---

Posted: May 23, 2003
4:45 p.m. Eastern

© 2003 WorldNetDaily.com

A Miami judge has ruled a mentally disabled rape victim should have an abortion because the pregnancy could be life-threatening, according to local press reports.

The woman, whose identity is not being revealed, is mentally retarded with the cognitive abilities of a 4-year-old, deaf, prone to having seizures and has a shunt in her brain to drain excess fluid.

Police believe the woman was raped, and likely more than once.

Medical experts say carrying the pregnancy to full-term would be dangerous for her and may result in the baby being deformed. The mother of the woman asked for the pregnancy to be terminated.

"My main concern now is my daughter, she told the South Florida Sun-Sentinel. "When I heard that heartbeat, you will never know what it did to me. But I can't be asked to choose between my grandchild or my daughter."

Doctors at Jackson Memorial Hospital scheduled an abortion for last week, reports the Sun-Sentinel, but chose not to perform it because the baby appeared to be developing normally and there was no medical reason to terminate the pregnancy.

Yesterday, the woman's newly appointed guardians asked the court to decide the fate of the 23-week-old unborn baby.

"My baby no more" the disabled woman reportedly told the judge at the hearing.

Lewis Fogle, the woman's court-appointed attorney, told Circuit Judge Arthur Rothenberg that after looking into the case and communicating with her as much as he could, he concluded she wanted an abortion.

In a brief order issued today, Rothenberg agreed to the abortion and also ordered the 28-year-old woman to undergo a tubal ligation to prevent future pregnancies, reports the Miami Herald.

Rothenberg also ordered a DNA sample from the unborn baby be preserved so that police can identify the rapist, according to the paper.

The ruling may have an effect on the controversial case of a disabled 22-year-old Orlando woman who was also raped while under the care of Florida child-welfare authorities.

As WorldNetDaily reported, Gov. Jeb Bush intervened in the case, requesting a guardian be appointed to represent the interests of the unborn baby.

His involvement came after officials with the Department of Children & Families, or DCF, initially filed an emergency petition asking a circuit judge in Orlando to appoint separate guardians for the woman and the child, but later dropped the request, citing a 1989 Florida Supreme Court ruling in a landmark abortion-rights case.

Bush, who opposes abortion, overruled the agency and ordered lawyers to seek a guardian for the unborn baby.

"Given the facts of this case, it is entirely appropriate that an advocate be appointed to represent the unborn child's best interests in all decisions," Bush said in a statement. "While others may interpret this case in light of their own positions, we see it as the singular tragedy it is, and remain focused on serving the best interests of this particular victim and her unborn child."

The ACLU, along with the National Organization for Women and Center for Reproductive Rights, filed a court brief asking the court to deny the governor's request, claiming such a judgment would go against precedent that a "fetus" is not a person.

Previous article:

Governor seeks guardian for unborn baby

[cgk]

Extremist is a label I gladly wear when it comes to the inhumane practice of abortion.

Amen. I have a hard time understanding what exactly the difference is between a pro-lifer and an extreme pro-lifer.

[cgk]

Thank you! She's a miracle I thank God for every day.

[cgk]

Thank you. ;)

[Bonaparte]

Sure is.

[shhrubbery!]

So I say abort her

So you ARE saying, kill the baby.

I note your post 88 relies on YOUR feelings and opinions; clearly you have no regard for what the child may feel as he or she is dissected alive, as he or she shall be, should your wish come to pass.

[Bonaparte]

You may very well be right about that.

[cgk]

Thank you for that post. I agree that this baby has a chance - it is 6 months old (in the womb) now, and again, many babies have been born younger and smaller and have survived. I wish they would trust in God. (I also hope you find peace at night after having to witness those horrible acts... I feel for you, but admire your talking about trying to make these poor babies more comfortable. How hard that must be for you.)

[Calpernia]

Ok. Say I'm a baby killer. That is what you are fishing for with disregard for all the enlightment I left on my post 88. Am I a baby killer? Or is the current system?

Am I speaking of current conditions? Or am I speaking in general? Have you seen the outcome? Or you just want a cut to the chase answer? Have you worked with children that go on to a state facility? Do you know the conditions?

Like I said before. This is NOT a yes or no answer.

[DLfromthedesert]

Fortunately, we haven't had these incidents in a long time. I actually have a very stressful but wonderful job. Most of our babies survive and do very well, and the parents visit and send lots of pictures.

I praise God every day that I can help Him in this way.

[shhrubbery!]

Ok. Say I'm a baby killer

I am quoting your own post 88, to which you referred me. Here's the quote again:

"So I say abort her."

What is it I'm missing?

[Calpernia]

Nothing. Enjoy.

[shhrubbery!]

My, you're callous, aren't you.

I know you're itching to log off, and so am I. So I'll post no more to you. I hope as you go to bed you'll find some glimmer of kindness in your hardened heart, and consider the agony these babies suffer as they are torn limb from limb. For that is what abortion is.

[hocndoc]

There wasn't a quote of a doctor, but rather a statement of fact.

Experiences and opinions don't affect whether a human being has inalienable rights.

Horrible things happen in this world, but unless a human is endangering another, the government has no business allowing him or her to be killed on purpose.

[Princeliberty]

And the abortion is dangerous itself.
The judge acting like the only danger is
involved in giving birth.
The judge is chosing to ignore the dangers
of abortion. Not just physical but
the serious emotional damages.
The lady does not understand she has a baby
in her and does realize the abortion is
killing the baby.
How about that? She is smarter than the judge!

[Princeliberty]

This same judge probably would have ordered
an abortion 2,000 years ago with single teenage
mother pregnant with mental problems(claims to
pregnant virgin).

[Princeliberty]

This same judge probably would have ordered
an abortion 2,000 years ago with single teenage
mother pregnant with mental problems(claims to
pregnant virgin).

[Princeliberty]

I wondered how the judge would liked it if
his mother had had an abortion because she
feared he would grown to be a horrible judge
that inflict suffering on others due to
wicked demented mind.

[Princeliberty]

This article should be subtitled.
Judges makes Hitler proud.

[oceanperch]

Severe deppression sucks when I am in the midst and want the suffering to end I look over at King Vanity who wants to live to a 100 and think screw it if he can do it so can I.

[SendShaqtoIraq]

"A woman saying "my baby no more"

Let's see. She supposedly has the mental capacity of a four year old. This woman doesn't have a clue what an abortion is. The judge is a moron. Following his logic, if she's mentally capable enough to say she wants an abortion, then she was mentally capable to consent to sex, and she wasn't raped.