From Slate: A new case in Florida is set to undermine what little abortion access remains in the state, and it’s all based on a lie.
Florida already bans abortion six weeks after a person’s last menstrual period, but for conservative judges in the state, that isn’t enough. The architects of State v. Uthmeier want to make it impossible for minors to ever get an abortion without parental approval—or potentially for any Floridian to get an abortion at all. Its ruling ignores two important historical lessons.
The case is a prime example of judges making a major case out of a teenager’s personal struggles.
began when Jane Doe, who is 17, learned she was pregnant and went to court for what is called a judicial bypass. While more than 30 states including Florida require minors to notify their parents or get their approval before an abortion, the U.S. Supreme Court in 1979 ruled that parental consent laws could be constitutional only if they offered a judicial bypass.
This requires a hearing that takes place without the involvement of parents where a minor can attempt to convince a judge that abortion is in her best interest or that she is mature enough to make the decision on her own. Most minors will tell a parent before seeking an abortion, but some will not, often because they believe that the parent will force them to continue a pregnancy, or they fear being abused, kicked out of their home, or cut off financially.
The Supreme Court overturned Roe v. Wade in 2022, but states that permitted some abortions often still kept their judicial bypass laws in place.
The Florida intermediate appellate courts have been taking aim at the state’s bypass law since last year. Then, a minor failed to convince a trial judge she was mature enough to make her own decision. When she appealed, the 1st District Court held that it couldn’t hear the case because there was no opposing party. That’s because bypass hearings are confidential, designed to protect minors whose parents might harm them if they learned of the proceedings. A dissenting judge said that the whole bypass scheme violated parents’ constitutional rights.
CLICK HERE to read more.
