Fla. Agency Gets Teen's Abortion Blocked
Judge orders pregnant 13-year-old to have psychological evaluation before killing begins
WEST PALM BEACH, Fla. -- The state's social services agency was granted a court order to block an abortion for a pregnant 13-year-old girl living in a state shelter, prompting an emergency appeal Wednesday by the American Civil Liberties Union.
The ACLU in its appeal on the girl's behalf cited Florida statutes that protect a minor's decision to decide on an abortion.
"No (Department of Children & Families) regulation or state law can override a constitutional right as recognized by the U.S. Supreme Court," said Howard Simon, the organization's executive director for Florida.
"But putting aside the legalisms, forcing a 13-year-old to carry an unwanted pregnancy to term against her wishes not only is illegal and unconstitutional, it's cruel."
The girl learned she was pregnant two weeks ago and planned to have an abortion Tuesday. Her caseworker arranged for transportation and help. But the state Department of Children & Families asked a Palm Beach County juvenile judge Tuesday morning to block the procedure.
The state agency argued the 13 1/2-week pregnant girl - described as L.G. in court documents - is too young and immature to make an informed medical decision, according to the ACLU appeal.
A judge granted a temporary injunction and ordered a psychological evaluation.
There was no immediate indication when a decision on the appeal would be made.
In 2003, the Florida Supreme Court struck down a law requiring parents to be notified if their minor daughters seek an abortion. Florida's high court also cited privacy rights in 1989 when it tossed out a law that would have required parental consent for a minor's abortion.
But DCF spokeswoman Marilyn Munoz said state law prohibits the department from consenting to an abortion for a minor in any instance. "It's not our decision. We stand in different shoes. We're held to a higher accountability," Munoz said.
She declined to comment specifically on L.G.'s case; no details on the girl's parents or family history were available.
Gov. Jeb Bush and Florida lawmakers have tried for years to tighten state laws on abortion.
After the Florida Supreme Court struck down the 1999 parental notice law, lawmakers voted last year to change the constitution to make such a law possible.
Voters approved the constitutional amendment in November and lawmakers currently are pushing legislation to require physicians to notify at least one parent before performing an abortion on a girl under age 18. Another bill would tighten regulation of clinics that perform second-trimester abortions.
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Posted by Editor at April 28, 2005 10:27 AM
