Why don't we get the facts and the rationale behind this ruling also before rushing to judgment. I am not necessarily saying I agree with the ruling of the court, only that I am attempting to make it known the other side of the story.
Florida Supreme Court strikes down parental notice abortion law
Friday, July 11, 2003
Staff and wire reports
A Florida law requiring the notification of parents at least 48 hours before minors under the age of 18 can obtain abortions violates privacy rights guaranteed by the Florida Constitution, the state Supreme Court ruled Thursday in Tallahassee.
The justices voted 5-1 to strike the law, which was passed in 1999 but never enforced pending resolution of the constitutional challenge. The high court reversed a decision of the 1st District Court of Appeal that had upheld the law.
The opinion reinforced and relied heavily on a similar Florida Supreme Court decision that overturned a parental consent abortion law in 1989.
Senior Justice Leander Shaw wrote for the majority that the court had to base its ruling on law rather than morality.
"We recognize that the legal issue of abortion has been one of the most gut-wrenching, emotionally laden issues of the past decades in Florida," Shaw wrote. "Sitting as a court, however, we cannot be ruled by emotion."
He also stressed that that state's privacy guarantee is stronger than rights provided by the U.S. Constitution. The majority found no compelling state interest to justify restricting the state's rights with a parental notification law, a finding lauded by abortion-rights proponents.
"The court recognized the harms that such laws impose on young women, including possible physical and emotional abuse, lack of access to confidential medical care, forced teen motherhood and delay in obtaining medical care," said Bebe Anderson, a lawyer for the New York City-based Center for Reproductive Law & Policy.
Anderson had argued the case on behalf of about a dozen abortion clinics, doctors and advocacy groups. She said the decision cannot be appealed to the federal level because it is grounded in the Florida Constitution, which also limits its value for setting a national precedent.
"It does have persuasive value in some other states" with privacy laws similar to Florida's, she said.
Mike McCarron, executive director of the Florida Catholic Conference, one of several groups on both sides that intervened on both sides of the issue, said the decision "is outrageous and terrible."
"It robs children of their parents' involvement in vital health decisions and it robs the parents of their right to raise and properly care for their children," McCarron said.
The ruling leaves parental notification advocates no recourse short of a dramatic change in the Supreme Court's membership or a constitutional amendment, said Howard Simon, executive director of the American Civil Liberties Union of Florida.
Lawmakers passed a similar bill in 1998 but it was vetoed by Gov. Lawton Chiles. Gov. Jeb Bush signed the 1999 bill. He said he was disappointed by the decision.
"I think the balance should be going more toward parents," Bush said. "It's hard to imagine we live in a society where parents wouldn't be notified of an abortion."
Simon said the ruling, by reinforcing the 1989 consent law decision, may help the ACLU halt Bush's effort to get a court-appointed guardian for the fetus of a mentally rape victim in Orlando. A judge there rejected the governor's request before the consent law decision, but the state has appealed.
Officials with Planned Parenthood of Collier County applauded the court's decision even though it does not provide abortion services to any women regardless of age.
"While Planned Parenthood believes strongly that parents should be involved in the health decision of minors, this law would have wrongly punished young people who come from homes where physical violence, rape, incest or emotional abuse are prevalent," Char Wendel, president and chief executive officer, said. "We are very pleased that the Florida Supreme Court recognized this and that the right to privacy is non-negotiable."
Because there is no abortion clinic in Collier or physicians accepting referrals for the procedure, the local Planned Parenthood refers women to clinics in Lee County or on the state's east coast.
Officials with the Naples Pro-Life Council could not be reached for comment Thursday.
The abortion rate in Florida has been going up whereas the opposite is true nationwide, according to the Alan Guttmacher Institute in New York, a not-for-profit organization for reproductive health research. That's despite that 70 percent of Florida counties had no abortion providers in 2000.
In Florida in 2000, the year most recent statewide data is available, 103,050 women had abortions for a rate of 31.9 abortions for every 1,000 women of reproductive age. That's a 4 percent rate increase since 1996.
Nationwide, 1.3 million American women had abortions in 2000, for a rate of 21.3 abortions for every 1,000 women of child-bearing age, according to the Guttmacher Institute. That's a 5 percent rate decline since 1996.
Wendel, of Collier's Planned Parenthood, had no figures for how many minors in the community get abortions.
"I had two 11-year-olds in here last month," she said, referring to the clinic, which provides counseling services. "One chose to abort and one chose to become a parent. I am shocked by that. Eleven is unbelievable. That is why this parental notification law was so scary for us."
At Southwest Florida Women's Clinic in North Fort Myers, which provides abortions, Dr. Ali Azima, said the court's decision was a good one.
"I admire the decision," he said.
If the parental notification law had been upheld and gone into effect, young women would go to another state to have the procedure, he said.
"People would go to an adjacent state, therefore it wasn't going to stop people from having an abortion," he said. "Why make it inconvenient? It makes no sense."
Chief Justice Harry Lee Anstead and Justices Peggy Quince and Barbara Pariente agreed with Shaw in the notification ruling, but each also wrote a separate concurring opinion. Justice R. Fred Lewis agreed with the majority's result but not its reasoning. Justice Charles Wells dissented. The opinions and dissents totaled 137 pages.
Lewis conceded the 1989 opinion set a proper precedent but contended the majority justices went too far by also finding the state had no compelling interest in protecting the health and welfare of minors for all manner of medical procedures.
Pariente and Anstead disagreed, writing Lewis had read too much into the majority opinion.
Wells argued the 1989 decision did not set a precedent because consent is much more restrictive than mere notification.
A Tallahassee trial judge in May 2000 ruled the law violated privacy rights, but the District Court overturned that decision last year.
The Associated Press and staff writer Liz Freeman contributed to this report.