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 ...
A lawyer for a fetus! Let's take it one step further. Lawyers for sperm and eggs. Then we can start to sue the contraceptive companies for murder. Or just go even one more step further. Outlaw sex except for the purpose of creating a baby.
I wonder just how many rabid right to life advocates will give a damn about either of these children five minutes after she gave birth?
That is bad law, judicially implemented probably, and should be changed but I don't see how we can fault the judge in this case.
Remind me to NEVER retire in that state!
Sort of judicially implemented. The court ruled that certain statutes were unconstitutional. The law in Florida is that statutes that limit a right to abortion are PRESUMED unconstitutional, and the burden is on the state to justify the intrusion.
I've linked to the case elsewhere on this thread. Not sure what you mean by "bad law." It is enforced. I don't agree with the law as a social matter, but I don't live in Florida either. The people and legislature in FLorida haven't effectively countered the judical activism in their state.
Actually, I was on a thread and several wanted to ban birth control pills.
To clarify, does that mean you don't don't think the law should be in social matters?
The State cannot interfere in a woman's right to abortion. It may seek to influence and shape her choice, but it may not preclude her from making that choice, Casey v. Planned Parenthood.
Under Florida law, there can't even be a parental notification requirement, North Florida Women's Health and Counselling Services, Inc. et al v. State of Florida, 866 So.2d 612 (2003).
What about the baby?
However, who got the 12 year old pregnant? Shouldn't there be rape charges and the baby's remains held for DNA evidence to establish paternity.
I disagreed with you on Schaivo - I still do - but this is one where we see eye to eye. It's a tragedy, but its the only way it could have come out under modern Constitutional law.
pa mom: To clarify, does that mean you don't don't think the law should be in social matters?
I support having a statute that requires parental consent for a minor to obtain an abortion. I might, but would have to be talked into, a judicial safety-valve for some cases, but even then, would require parental notificaiton, and would require the judge to see and hear the parent's side before permitting the minor to act against the parent's orders. The parent's are presumptively "right." Burden on the minor.
The Florida Supreme court holds that minors have an unfettered right to an abortion, behind their parents back. This social construct was established by judges, not by a legislature. I think the social construct is bad, and I think it is a slap in the face of the people of Florida that they can't make their own laws.
What about the issue of rape? A 12 year old might have been impregnated by a minor....but maybe not.
It should be found out because I understand that a 12 year old is not considered able to consent to sex in Florida.
Therefore, it is automatically a rape.
She was apparently living with a man well into his 20's (28 by some accounts) before she was taken in by DFS. She apparently ran away and became pregnant while away. But she will not reveal the name of the father.
I thought that her loveliness lives in NYC?
Thanks. I thought you didn't want to date judges. ;)
This is just great. Once again, we fail our children (in this case, the 13 year old and her unborn child).
Exactly. How many activist judges have been brought up for impeachment? We need to point the finger at our elected officials instead of at a judge who is following the current law.
Roe v Wade is at the root of it. As long as that stands, we will be forced to deal with these sort of divisive side issues that will bring more anger and eventually violence ( Jefferson's solution against tyranny, abortion clinic bombings, etc. )
Maybe she ran back to her "boyfriend's" house, and he is the father. I wonder what action was taken against him when she was found to be living with him?
We should get rid of Roe. Let each state have a referendum on abortion. Bills could be presented to increase or loosen restrictions as lawmakers see fit. That seems to be the only way to take it out of the courts and the only way to start to eliminate abortion almost totally. I don't think it will ever totally go away (even if illegal).
I don't know if they found her or if she came back on her own. I would imagine if they found her at his house there would be grounds for a paternity test and a statutory rape charge.
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