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Florida Appeals Court Sides With Teen In Abortion Case
November 29, 2012
In a case that offers a glimpse of the complexity of Florida’s parental-notification of abortion law, a divided appeals court this week overruled a Polk County judge and said a 17-year-old girl could receive an abortion without her mother being told.
A panel of the 2nd District Court of Appeal ruled 2-1 that the teen, identified only as Jane Doe, should receive what is known as a “waiver” of the parental notification requirement. The ruling Monday reversed a decision by Circuit Judge Harvey Kornstein, who found, at least in part, that the teen was not mature enough to receive a waiver and make the decision on her own.
Appeals-court Judge Stevan Northcutt, who was joined in the majority by Judge Douglas Wallace, wrote that the teen believed her mother would banish her from the family’s home if the planned abortion was revealed. Also, Northcutt wrote that teen recognized that giving birth would substantially interfere with her plans to go to college and ultimately have a career.
“Does’ concerns were not the insubstantial worries of a frivolous schoolgirl,” wrote Northcutt in a concurring opinion. “They related directly to her ability to carry out her important existing responsibilities and to accomplish specific educational and professional objectives that would determine the quality of the rest of her life.”
But dissenting Judge Anthony Black wrote that the circuit judge observed the teen and described her as “cavalier” and found that she did not fully appreciate the magnitude of the abortion decision. Also, Black raised questions about the girl’s maturity because she became pregnant after drinking alcohol.
“Petitioner readily admitted to succumbing to peer pressure to drink alcohol,” he wrote. “She became intoxicated and had sexual intercourse — an act she testified she would not have engaged in had she been sober. In fact, petitioner only ‘vaguely recalls’ the sex that resulted in her pregnancy; she did not indicate that she and the father were in a relationship and she does not anticipate having any future relationship with the father.”
Requiring parents to be notified before minors can have abortions has long been a controversial issue in Florida. Voters in 2004 overwhelmingly approved a constitutional amendment that cleared the way for a parental-notification requirement, and the Legislature later approved details of the law.
A large part of the legislative debate focused on the circumstances in which minors can receive court approval to avoid disclosure to their parents. While advocates of notification requirements say parents need to be involved in difficult abortion decisions, opponents have long argued that some minors could be put in danger if their parents are told.
The appeals-court ruling does not say where the minor lives, only that she is from the 10th Judicial Circuit, which includes Polk, Hardee and Highlands counties. It describes her as a high-school senior who will turn 18 early next year and says her relationship with her mother is “distant” and that she does not have a significant relationship with her father.
The ruling does not detail when the girl got pregnant. She had talked with a nurse at a clinic but had not gone to a doctor.
Wallace’s majority opinion gave a detailed analysis of factors that are included in state law to determine whether waivers should be granted. Those factors include the minor’s age, intelligence, emotional development and stability, credibility and demeanor, ability to accept responsibility, ability to assess the consequences of the choice and understanding of medical risks.
“Doe’s testimony demonstrated that she had carefully considered the impact of an unplanned pregnancy in light of her educational and career goals and her other responsibilities,” Wallace wrote. “After such consideration, she had reached the decision that terminating the pregnancy is the best choice for her.”
But in the dissent, Black said there was “competent, substantial evidence” to support the circuit judge’s decision to deny the waiver.
“It appears to me that the majority is substituting its conclusions regarding the minor’s maturity for the trial court’s, without the benefit of observing the tenor of the proceedings or petitioner’s body language, tone of voice and demeanor,” Black wrote. “These are assessments necessary to the determination of maturity which are impossible to glean from a cold record.”
By Jim Saunders, The News Service of Florida
Comments
25 Responses to “Florida Appeals Court Sides With Teen In Abortion Case”
REGARDING:
“Its crazy that they have some parent notification law to start with. That this even had to go to court. Its her body, her choice”
You should know better than that. In most instances minors can not be medicated or otherwise treated without parental consent. All of those decisions involve the body of hte minor.
The courts make an exception in this case because they figure it is too important to be left in the hands of the parents. And even in this case, the requirement is that the child show to the courts that she is mature enough to know what she is doing and that notifying the parents would harm her.
Of course, you might say if she is not mature enough to decide to not have a baby, she is not mature enough to have a baby, but that’s a different matter altogether.
David for the wisdom of Solomon
but not that many spouses
Its crazy that they have some parent notification law to start with. That this even had to go to court. Its her body, her choice
Woe to the shepards who are destroying and scattering the sheep of my pasture DECLARES THE LORD! Jeremiah 23:1
These lawmakers fail to consider that if this government ever goes into default and belly up, that their rank and office will become null and void. Let us remember those who were party to these atrocities, so that on the day of the Lord we may hold them accountable. Let us dispense mercy as they gave it. Remember Nuremberg.
Henry,
By your logic, all we need to do to solve problems is make them less inconvenient. Sounds good to start with. However, LIFE is inconvenient sometimes, and taking the life of an unborn child who could be surrendered for adoption to a loving home is NOT the solution to the problem. Avoiding pregnancy in the first place is a great solution! With all the education on how to prevent pregnancy out there, not the least of which is abstinence, I maintain my stand that unwanted pregnancies are largely the fault of the participants, and not failure of contraceptive methods.
The problem is our legal system has made abortion both legal AND convenient. Do you think deciding to keep a baby is any more difficult than deciding to abort it? I have much more admiration for those mothers because they took personal responsibility. Taking it a step further, if they can’t care for the child or it will interfere with their future plans, then give it up for adoption. But they did not abort it. A much, much more difficult decision in my humble opinion.
So, go ahead and blast away. I stand by my opinion in this matter.
Wow! Speaking of judging….. I have been judged, found guilty and sentenced to …… whatever.
I do NOT believe in abortion and I would never seek one for myself. Currently, it is a young lady’s perogative to get one if she so desires. However, it IS murder, and she’ll have to explain to God one day why she did it. Thanks for your support 429SCJ – ultimately, we will all answer to our Creator – and I would not want to explain why I had harmed the “least of these” to Him.
NO WONDER – no, these young girls don’t get pregnant in a vacuum. However, they do make the decision for having sex, and because they bear the brunt of an unwanted pregnancy (a mistake), should exercise the appropriate caution. I do know why I feel the way I do – stop judging!
“Just because you want to believe it is a life or a child does not mean it is murder, it isn’t”.
Henry I would love to see the look in your eyes, if someone whispered your own words in your ear as you lay helpless.
Thank you, Equality and Henry Coe. Finally an unbiased opinion.
No excuses, are you saying that “young ladies” get pregnant in their own? That’s right….immaculate conceptions. Give me a break. We all look at her, sitting there makin what is probably the hardest decision (not cop out, not excuse or easy way out) and we forget she didn’t get there alone. So quick to protect the unborn but also so quick to judge singles mothers. Which is it? You don’t know, do you.
Henry, thank you for making sense. Also, great points concerning health care. For the others, quit judging her. Furthermore, you can’t push your religion on people. If you don’t agree with abortion then don’t have one yourself. Ultimately, it is her decision. It amazes me that most would force this young lady to have her child, but none of them will be raising said child. I forgot that those same people walk without sin in their day to day lives. The proper channels were taken and the courts sided with the mother. Finally, thank God for PROGRESS.
@No excuses. You can’t have it both ways.
People have a right to their own choices and just because you want to believe it is a life or a child, does not mean that it is. It isn’t murder.
That being said, if you pro-birth folks really want to lesson abortion in society, then you really need to support passing a Universal Health Care system so young women don’t have to fear the cost of having a child and caring for it.
You also have to stop complaining about people that are on public assistance having more kids if you want to decrease abortions. Just sayin’.
I think many comments are missing the point. This most recent ruling does NOT say she can’t have an abortion it says that her parents MUST be notified in order to obtain said abortion. Her mom may very well agree with the daughter’s reasoning and allow the abortion. If the mom refuses the girl can then petition the court for permission. However, mom may actually surprise the girl and realize her own failures as a mom (her 17 year old is drinking, having sex, getting preggers- yes she has some failures to take responsibility for) and the relationship might be restored and improved with mom helping the girl through this tough time. Too many girls think, “I’ll just get the abortion, all quiet like, and everything will go on like nothing ever happened.” Its not that simple. She obviously needs guidance and direction, no matter what choice she makes. That is the point of the law! and it is a good law in my opinion!
@ Henry,
Yes, Scripture does tell us to obey the laws of the land, but it does NOT say the abortion is OK. It’s murder, pure and simple. The choice is available before getting pregnant. There is no excuse for an unplanned pregnancy other than laziness and lack of self control and/or maturity.
Don’t do what it takes to make the baby if you can’t keep from getting pregnant young ladies!!!
The CHOICE was made when the CHILD was made!!!!!
You’re right. I didn’t mention any of those things because those against her CHOICE have already condemned her, so what’s the point? My opinions come from experience. Being forced to live with a family who hates you and then on top of that, has a right to force you to carry a baby to term is wrong. You think it’s simple to have a baby and just give it up? Think again. It’s NOT!
I’ve been in her shoes and had no choice. I’m glad she’s got someone listening to her and what she wants. Reading what’s she’s going through may as well be reading a book about myself so many years ago. You just don’t know until you have been there. You’ve never been a 17 year old pregnant girl scared to death. I have.
My husband and I have tried for years to have children, still are without a child of our own to love, and our Judical system says it is ok for a TEEN to get drunk and have sex and then decide that it would interfere with her LIFE’S PLAN……..this makes me just sick…….why not have the baby and give to someone who can and would and will take of the child…especially one like me who has tried, tried and prayed and prayed to have a child. This breaks my heart, and beside, I have a step daughter who got pregnant when she was 16 and even though times are tough she knew what she got her self into. No she wasn’t drunk but she still took responsability for her actions and so did the father. Now they are married and have 2 children….I may not have any of my own but I have the best 2 little step grandsons ever…..So why let our Judical system give the say so on OUR CHILDREN!!!!!! Give the little unborn child a chance to grow and maybe change things in this nation.
Mike J thanks I couldn’t have said it any better .
I do not ask that you take them out of this world, but that you keep them from the evil one. John 17:15
For we all must appear before the judgement seat of Christ, so that each one may receive what is due for what he is done in the body, weather good or evil. 2 Corinthians 5:10
@No Wonder, several things here that you are not saying…
You are NOT saying that a life is being ended.
You are NOT saying that her choice is one of inconvenience.
You are NOT saying that there was another choice. And yes there was.
Another choice would have been to give the baby up for adoption. Her mother may be not happy with her but since she is so close to 18, then all she has to do is put up with her mother for a few months then she can live on her own if need be. Before that, there is time for counseling and getting Mother involved in this pregnancy which might soften the feelings of her toward her daughter’s mistake.
The majority judge clearly said that Jane Doe wants the abortion to continue her life and college plans, in other words, the pregnancy would be too inconvenient. How terrible.
“No Wonder”, you know what the difference is between this teen girl that you are proud of and that unborn baby? Here it is: The unborn baby is INNOCENT, yet the actions of the girl, getting drunk, having unprotected sex, at the age of 17 shows her immaturity and that she is GUILTY.
So in your world, the GUILTY go free and the INNOCENT are executed. Wow.
And the LAW voted on by the citizens of Florida is now null and void. Congrats!
So much for democracy.
Having a child might interfere with your “specific educational and professional objectives”, so an abortion of convenience will fix that. What about the now-dead child’s specific educational and professional objectives? Plenty of young mothers have obtained college degrees and gone on to do well for themselves. It’s about personal responsibility and consequences. This girl, and all the others her age, are being taught the absolute wrong lesson.
So the dissenting opinion was that she was too immature to have the abortion on her own, which somehow implies she is mature enough to raise a child?
For the pro-birth for any reason folks, it isn’t murder. Scripture teaches that Christians adhere to the Laws of the Land where they live and in the US, abortion isn’t murder.
That being said, the Constitution and individual Liberty belongs to every American equally so while abortion may be something you would appose for yourself if you were in a similar situation, IMO, it is just as wrong to call it murder or smear someone for their choices in how they live their life. If they were to ask you your opinion and open the door to that conversation, that would be different.
Btw, one of the reasons people have abortions is they can’t afford to have a kid. We could change that by having real Universal Single Payer Health Care and Social support programs like France. If you have a goal to lower the number of abortions, that would probably be the best way to do it.
“Also, Black raised questions about the girl’s maturity because she became pregnant after drinking alcohol.”
Um, that isn’t the birds and bees talk that I got. She became pregnant after she CHOSE to drink alcohol and she CHOSE to have premarital sex.
This logic is like letting a DUI manslaughter walk free because if they didn’t drink they wouldn’t have drove and killed someone?
Ignorance.
There is room in hell for the judges too.
It’s nobody’s business but her own. If her mother would have acted the way y’all are, it’s no wonder she wanted to get a waiver to avoid having to obtain her consent. It’s her body, not yours, and not her mother’s. I’m proud of her for talking the steps necessary to do what she feels is the best decision for her because it’s a heard to decision to make…no matter which choice you make. It’s easy to put yourself in he situation, but the choice is very hard. She’s got her while life ahead of her. Show some compassion. Wow!
that’s right…. let her shrug off her responsibility and get rid of her mistake. no one is held accountable in this country anymore. an unborn child, no matter how it was conceived, is a gift from god. and only god has the decision if that baby will be born or not. the girl knew that consuming drinking can lead to all kind of things happening. a baby is a blessing no matter how hard it might make your life seem..nothing comes easy in life. time to grow up young lady!
She gut drunk, got pregnant, now she has to murder the unborn baby because it will interfere with further decisions in her life? Is that right?