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US split widens as judge bans abortion for a 13-year-old girl
Guardian (U.K.) ^ | 5/1/05 | Simon English

Posted on 05/01/2005 7:21:19 AM PDT by madprof98

America's division over abortion deepened further yesterday after a Florida court prevented a 13-year-old girl in a care home from terminating her pregnancy. The girl, known as LG, has made it clear she wants an abortion to which she would appear legally entitled, but has had her wishes blocked by state officials who argue she lacks the maturity to make a decision.

The case pits civil liberties groups against the religious right in clear echoes of the case of Terri Schiavo, the brain-damaged woman whose feeding tube was removed only after a ferocious legal battle.

LG is known to be more than 13 weeks pregnant, meaning that anti-abortion groups know how long they need to force a delay before a termination becomes difficult.

James Green, of the American Civil Liberties Union (ACLU), said: 'This child has made a clear choice; she has expressed it to the judge. There is no indication she is incompetent. We believe this is wrong as a matter of constitutional law and as a matter of good guardianship.'

The girl was due to have an abortion next Tuesday until Florida's Department of Children and Families, the agency responsible for her care, obtained an injunction.

LG has run away from state homes on several occasions, at one point going missing for more than a month, during which time it is understood she became pregnant.

The judge who granted the injunction is furious that the DCF didn't even alert the police that the girl was missing.

Judge Ronald Alvarez said: 'To say I am angry is an understatement.'

LG was taken away from her parents four years ago. Although psychologists have already agreed that the girl does not have any mental problems, the court has ordered another evaluation.

A spokesman for Florida Right to Life said: 'There is a rush to abort. To get rid of the evidence. Who impregnated her? You do not consent to sex at the age of 13.'

The Bush administration, which owes much of its electoral support to religious groups that find abortion abhorrent, described the situation as 'tragic' but believes Florida officials are acting in the girl's best interests. Lawyers acting on the girl's behalf have filed an appeal to let the abortion proceed.

Richard Wexler of the National Coalition for Child Protection Reform said: 'I hope they move very, very quickly because every day is another day of emotional torment for this child and every day the pregnancy continues, it becomes more dangerous.'

Abortion is probably the most politically explosive issue in America. This week alone there were at least two separate rows over the display of anti-abortion messages, with each side accusing the other of hate speech.

On Tuesday, a teenage girl wearing a T-shirt that featured a picture of a foetus' head above the words 'abortion kills kids' was sent home from her school in Tennessee.

The American Life League gave away 15,000 of the T-shirts to be worn last Tuesday, supposedly National Pro-Life day.

Pro-life organisations say they encourage children to get actively involved in the issue because they are "survivors of the abortion holocaust".

Meanwhile, the ACLU sued the state of Ohio for issuing car licence plates reading 'choose life'. It claims this is discrimination because there are no pro-choice plates.


TOPICS: Culture/Society; US: Florida
KEYWORDS: abortion; ruling; teens
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To: neutrality

We don't know the father was 13. The article doesn't mention it, though I have been known to miss things. And yes, that is still statutory rape, though I doubt you can charge the boy.


41 posted on 05/01/2005 8:44:09 AM PDT by pa mom
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To: madprof98

Hey, the Supreme Court has ruled that even older minors can't be executed for murder because they weren't old enough to know what they were doing. That age cutoff of an otherwise legal option made exactly the same amount of legal sense as this age cutoff.


42 posted on 05/01/2005 8:49:08 AM PDT by JohnBovenmyer (I)
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Comment #43 Removed by Moderator

To: macaroona

No argument here.

I think it's unreasonable, though of course I hope, that these kids would not be having sex. Too many well raised ones succumb (and always have). To expect that kids raised by the state would have the moral strength in our culture is not being realistic. That does not mean we have to accept it and I would love to be able to guide them. But your plan would be great.


44 posted on 05/01/2005 8:52:10 AM PDT by pa mom
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To: trisham
Meanwhile, the ACLU sued the state of Ohio for issuing car licence plates reading 'choose life'. It claims this is discrimination because there are no pro-choice plates.

It would seem to be a simple matter for the state of Ohio to produce plates that read "choose death for the unborn"...just to give both sides a voice.
45 posted on 05/01/2005 9:04:20 AM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: madprof98; neutrality
Define "you people".

They used to say "you people" to put down African-Americans. (Remember Ross Perot's infamous speech.) These days, it is used to put down the most despised of all human beings in America: believing Christians.

***************

That was my impression.

46 posted on 05/01/2005 9:56:55 AM PDT by trisham ("Live Free or Die," General John Stark, July 31, 1809)
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To: G Larry
And by the way, who is being prosecuted for statutory rape?

If she ain't saying then the kid will provide the dna answer.

The thing I never understood is why is it so hard to adopt an infant kid in this country. If they'd just relax the restrictions many would adopt. But the left is only interested in murdering the helpless.
47 posted on 05/01/2005 12:10:43 PM PDT by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: Cboldt
But the Florida legislature and voters revere the Florida court system.

Umm, no. The Florida judicial system have time and again reversed the will of the voters.

48 posted on 05/01/2005 12:18:31 PM PDT by VeniVidiVici (In God We Trust. All Others We Monitor.)
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To: macaroona
I think it's the lesser of two evils

Perhaps, but morality that uses this judgement as a basis is called "situational morality" and has been shown to lead to lots of bad decisions when practiced by society at large. (In individual circumstances I know what you mean but having sex is an emancipating act -- as is committing murder). The court is digging itself a hole inasmuchas other courts have rulled that kids cannot be given the adult death penalty for murder but kids can be adult enough to choose to have an abortion.

I believe something must be done to "pay" for the acts committed in this case. Forcing the kid to have the baby is just as drastic as forcing the kid to bear the cost of the abortion. Since the kid is in the states care, I would say the state is now a parent.

49 posted on 05/01/2005 12:28:12 PM PDT by KC_for_Freedom (Sailing the highways of America, and loving it.)
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To: BibChr
'This child has made a clear choice

I bet most 13 year olds would choose to have Doritos and cookie-dough ice cream for dinner every evening. I know mine would. I guess that's why I am the parent and I make the decisions.

There is just so much wrong with this story I can't think straight about it. I am happy to see something go right in the Sunshine State, although it is sure to be an isolated incident.

50 posted on 05/01/2005 12:34:42 PM PDT by grellis ("Unless, God forbid, there are two Placentas walking around"--FR demkicker)
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To: neutrality

There are 2 parts to this. the moral issue, in which she should give birth (thay's clear cut), and the legal side. The legal side of this is that the state is taking a position (stopping the abortion) that FL parents are not allowed to take. Legally the state is being inconsistant, and wrong. The law needs to be changed.


51 posted on 05/01/2005 12:38:41 PM PDT by Balding_Eagle (God has blessed Republicans with really stupid enemies.)
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To: madprof98
There is no indication she is incompetent.

Minors are never competent. That is why we call them minors.

52 posted on 05/01/2005 12:43:10 PM PDT by Raycpa
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Under Florida law, a 13-year-old can have an abortion without her parents knowing or agreeing. The legislature is considering a bill this session that would require parental notification, but not consent, for girls under the age of 16.

In 1988 and 1999, Florida tried to pass laws requiring minors to get their parents' permission to have an abortion. The Florida Supreme Court struck both down as unconstitutional.

http://www.palmbeachpost.com/news/content/news/epaper/2005/04/28/m1a_dcf_0428.html

The Department of Children and Families failed to even notify the court that she was gone so police could try to find her, Alvarez said.

Irate judge says state failed to protect pregnant teen

Flippant remark alert - maybe they didn't want to pay a fine for a search relating to a voluntary runaway.
53 posted on 05/01/2005 12:45:07 PM PDT by Cboldt
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To: VeniVidiVici
Umm, no. The Florida judicial system have time and again reversed the will of the voters.

Yes. I agree. The Florida court system is demonstrably asserting its social sense in place of the will of the people. But the people hold the court system with reverence, otherwise they would ignore the faulty rulings and run the shyster judges out of office.

54 posted on 05/01/2005 12:47:27 PM PDT by Cboldt
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To: Cboldt
it is against Florida common law, made at the highest level, to even require court permission for a minor to obtain an abortion.

When under DCF, I believe the court becomes the final say.

55 posted on 05/01/2005 12:47:38 PM PDT by Raycpa
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To: neutrality
Raped by another 13-year-old?

Depending on the law in Florida, it could still be statutory rape.

But I'll bet the sperm donor was somewhat older than she. Lots of predators out there to take advantage of young street girls.

56 posted on 05/01/2005 12:49:33 PM PDT by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: Raycpa
Minors are never competent. That is why we call them minors.

Except for the abortion carve-out, set in place by the Florida Supreme Court. Minors may not be required to obtain parental or judicial consent for an abortion. Minors may not be required to even inform a parent, and law may not require a doctor to inform a parent.

http://www.floridasupremecourt.org/decisions/pre2004/ops/sc01-843.pdf

57 posted on 05/01/2005 12:51:04 PM PDT by Cboldt
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To: pa mom
I think, if and when the girl has her baby, there is a good chance that her parental rights will be terminated pretty quickly. I gave the article a pretty brief glance, admittedly, but the girl appears to have a good history of delinquency. You have to wonder, also: what behavior landed her in a state home to begin with?

The adoption laws in this country are infreakingsane, please pardon. A judge here in Michigan just gagged all petitioners in an adoption dispute...the adoption had been finalized and 18 months later an Oakland County judge vacated the adoption. There are no codified adoption laws from state to state; in some states, like mine, there are no codified laws from county to county.

HOW can this do anything but wreak havoc in a child's already precarious life? Insane.

58 posted on 05/01/2005 12:51:38 PM PDT by grellis ("Unless, God forbid, there are two Placentas walking around"--FR demkicker)
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To: Raycpa
When under DCF, I believe the court becomes the final say.

We don't know the answer to that yet. If the DCF has the same rights as the parents, the minor childs request for an abortion can be fulfilled without informing the parent, without parental consent, and cannot be made to required court approval.

If a child at home has this power, why should a child under the DCF have less power?

BTW, I am staunchly pro-life, and have disdain for the Florida Court's rule. But it's their bed. I'm curious what justification they might come up with to deny SOME minors the power to choose an abortion.

59 posted on 05/01/2005 12:53:57 PM PDT by Cboldt
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To: madprof98
"The American Life League gave away 15,000 of the T-shirts to be worn last Tuesday, supposedly National Pro-Life day."

I am wearing this shirt as I type......


60 posted on 05/01/2005 12:54:49 PM PDT by MissouriConservative (Tolerance is the virtue of the man without convictions.)
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