This case highlights the limits of constitutionally protected parental rights in the face of the fundamental right to abortion for a female of any age. WA state has no parental consent laws. The state has been embroiled in reproductive issues involving litigation, now particularly in the Plan B conscientious pharmaceutical objectors, who are being required to prescribe the 72 hour abortifacient.
It also highlights the actions of the school as potentially overreaching their authority, in loco parentis, and as a state actor, even in the face of the consent form. If something went wrong with the abortion, such as sterilization, sepsis, post abortion trauma, later development of breast cancer, or reduced health in future pregnancies, the school could face a lawsuit for its role in the abortion. Any school board, school principal, and school superintendent should be concerned about lawsuits surrounding this or any medical treatment they arrange for students outside their facility, or even within the school. Medical malpractice liability as well as a civil rights claim present viable potential litigation for any student and her family.
View the follow up CBN story here: http://www.cbn.com/cbnnews/us/2010/March/Wash-High-School-Clinic-Arranges-Students-Abortion/
This story very disturbing on many levels but I am curious who paid for this abortion? The state? If abortion is a private right then why is the state stepping in and facilitating an abortion? I feel for this family and more importantly the aborted child.
ReplyDeletehttp://abcnews.go.com/Politics/Supreme_Court/nebraska-abortion-bill-supreme-court-battle/story?id=10298460
ReplyDeleteWhile this Seattle high school seems to only focus on the balance of the teen's interest vs. those of the parents, at least one state is focusing on the rights of the unborn child, which have been ignored as abortion rights expand. This bill would make abortion illegal after 20 weeks into the pregnancy, as evidence shows that the fetus is able to feel pain at that point. It is encouraging that some states are taking a step in the right direction, and attempting to protect those who cannot stand up for themselves.
-Amber Morris
Regent Law 2010
Truly disturbing on so many levels. Although abortion is legal, I can not & will not ever concede that in any circumstance abortion is ever moral. Unfortunately, we live in a society where the termination of a human life is considered a choice. If the pro-choice movement is so concerned about a woman's right to chose, you would think that they would want women to be as informed as possible of their choice. Information should include a sonogram & literature regarding the child's development. The information provided does not need to state any opinions on when life begins. The woman should be provided with adequate information to assist in her decision-making. Again, I don't condone abortion for any reason but if someone is to make a choice it should at least be an informed one. However, a majority of the pro-choice movement would rather keep women ignorant. - Emmanuel Albarado
ReplyDeleteThis once again reminds me of the facts uncovered by the documentary "Maafa 21." The abortion agenda is one which has historically operated in the shadows - taking ground gradually and under fallacious pretences and arguments. Young women such as this should be FULLY INFORMED not only through a form, but through a face to face interview with a physician other than the abortion provider. They should know of not only the physical risks but also the long-term phsychological damage that abortion has on a mother.
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