Posted on 05/03/2005 9:50:07 AM PDT by IMissPresidentReagan
A judge has ruled that a 13-year-old girl at the center of an abortion fight with the state may terminate her pregnancy.
Juvenile Judge Ronald Alvarez (search) on Monday ruled 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 (search), which represented the girl.
The state Department of Children & Families had argued that the girl, known only in court papers as L.G., (search) 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.
Children and families officials declined to comment Monday on whether they planned to appeal Alvarez's decision.
"Since this is still in litigation, I can't speak to what's going on in court," agency spokeswoman Marilyn Munoz told the South Florida Sun-Sentinel.
Attorneys for the girl said the abortion was scheduled for Monday, but it was unclear whether the girl underwent 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 attorneys argue 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.
(Excerpt) Read more at foxnews.com ...
Based on the information I have.
I don't believe the teen made the right decision but I believe the judge did make the right decision.
It would have been an activist move for him not to allow the abortion. If there was parental custody over this teen and the parents agreed to allow the abortion, we would have no problem with it on a legal basis.
If Jeb Bush wants to step in as some ultimate guardian for this teen and disallow the abortion, maybe he has that power...a judge doesn't have that power.( I'm not recommending Jeb do that )
Florida really doesn't sound like the kind of place I'd want to retire to, that's for certain.
Poor kids - both of them.
What is going on in Florida? Has everyone there gone crazy. Brace yourselves for a rough hurricane season.
See post 30.
We have an article posted a few days ago about Alaska paying for an abortion too.
pro life ping
Nope. That case, in Florida, is pre-1990. It's referred to as "T.F."
The requirement to provide notification to parents was struck down in 2003, by the case linked below.
http://www.law.fsu.edu/library/flsupct/sc01-843/op-sc01-843.pdf
PING!
Uh oh, you're in for it now. I made a similar argument for parental rights and got majorly flamed. I don't want to start a "my judge is bigger than your judge" fight with the left. We'll all suffer.
The minor can obtain any sexual related treatments, but only those. From birth control to treatment for STD's to abortion. That is ALL out of the hands of the parents as a matter of law.
The baby exists and deserves life.
Why didn't the ACLU provide a lawyer to protect the rights of the "other" child involved in this case?
The decision amonts to the DCF has no say in the matter. The minor is competnt to make her own decision regarding an abortion.
I'm curious as to what really goes on behind DCF doors, especially if 13 year olds are getting pregnant. A few years ago, weren't they (DCF) investigated for "loosing" a little girl?
Could be the same girl. This one was missing from DCF custody for a month, and never reported as such. She became pregnant during that absence.
LOL! I know it's just a typo, but I think DFS "loosed" this girl too!
Am I the only one?
How does a child in "state" custody (by inference for her protection and well being) get pregnant?
That to me is the story.
In Florida, even if the parents do NOT agree, a minor has a right to obtain an abortion. This right can be exercized without obtaining court permission in lieu of parental permission. The law cannot require the clinic to inform the parents of the minor's decision.
there was an attempt to appoint an attorney for the fetus but the FL appelate courts shot that down.
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.
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