Posted on 05/23/2003 5:00:00 PM PDT by cgk
MATTERS OF LIFE AND DEATH
Judge orders abortion
for disabled woman
28-year-old also to undergo tubal ligation to bar future pregnancies
© 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
My thoughts exactly.
And I thought the reason the judge appointed guardians was because this mentally impaired woman did not have the cognitive capability to make decisions for herself?!
"Yesterday, the woman's newly appointed guardians asked the court to decide the fate of the 23-week-old unborn baby.
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."
So, we need to "spin" this so "we" look "compassionate" to the "other side"?
Is that the "important" thing off this?
Lord have mercy.
Can we pray for the tissue mass that is expanding in her, too?
Fear is a poor excuse for abortion, IMO.
You are right, this is a most difficult set of circumstances, but to have faith that the medical personnel treating her are skilled enough to determine the risk factors and the point at which death of the unborn is warranted is preferrable. Consider that the medical personnel know at what stage in womb life the baby is a minor threat and at what stage the baby's size and life support needs will endanger the Mother. This is not a determination being made in a vacuum. At six months from conception the baby can be brought into the world and has not reached a size which overly burdens the Mother's organs. This woman is to have TWO medical procedures which will require anesthesia, so why not make one of them a balancing act that can save the already alive baby waiting to be born?
BTW, the words quoted from the pregnant woman, if taken compeletely as posted are undecipherable, don't indicate her state of mind toward the alive baby. Interpretation would require more context, for credulity. I'm wondering what the Judge sees that would over-ride the medical decisions made by competent physicians treating the woman, who had already put off a scheduled abortion?
If a prayer has been answered here it is the prayer of the dedicated baby-killers; this is that 1 in 50,000,000 case they have been supposing all these drear years since 1972 when this heinous business started, a pregnancy caused by rape to a mentally-deficient breeding age female with multiple complications caused by her underlying physical condition and a willing judge crass enough to stand and deny God face-to-face; yes, prayers are involved here but they involve a far darker side of Heaven than Hell could otherwise make clear to a now uncaring, sated public.
Bring on the clowns.
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