Teresa Collett

Parental consent laws protect underage girls, so why are abortionists opposed?

Teresa Collett
By Teresa Collett

April 20, 2012 (thePublicDiscourse.com) - On March 8, the U.S. House of Representatives Subcommittee on the Constitution heard testimony on the proposed Child Interstate Abortion Notification Act (CIANA). I was among those who testified in favor of the Act. CIANA would prohibit transporting a minor across state lines with the intent that she obtain an abortion without involving her parents as may be required by her home state. It also would require that abortion providers comply with the parental notification or consent laws of a minor’s home state when performing an abortion on a non-resident minor. More controversially, CIANA would require 24 hours’ notice to the girl’s parents if she was not a resident in the state where the abortion is being performed. All of these requirements would be waived in the event of a medical emergency threatening the girl’s life or if the girl certified that she was the victim of parental abuse.

The New York Times criticized the Act in an editorial titled “Yet Another Curb on Abortion.” The editors called CIANA “mean-spirited,” “constitutionally suspect,” and “callous.” It is none of these things. It is, in fact, a popular commonsense proposal that is fully constitutional.

There is a national consensus in favor of parental involvement laws, notwithstanding the controversial nature of abortion laws more generally. For more than three decades, polls have consistently reflected that over 70 percent of Americans support parental consent laws. Most recently a Gallup Poll released July 25, 2011, showed that 71 percent of Americans support a law requiring parental consent prior to performance of an abortion on a minor. According to a 2009 Pew Research Poll “Even among those who say abortion should be legal in most or all cases, 71% favor requiring parental consent.”

Forty-five states have passed laws requiring parental notice or consent, although only thirty-seven states’ laws are in effect at the moment due to constitutional challenges by abortion rights activists. And the weakest of these laws allow notice to or consent by other adult relatives of girls seeking abortion.

Click ‘like’ if you want to END ABORTION!

Various reasons underlie the popular support of these laws. As Justices O’Connor, Kennedy, and Souter observed in Planned Parenthood v. Casey, parental involvement laws for abortions “are based on the quite reasonable assumption that minors will benefit from consultation with their parents and that children will often not realize that their parents have their best interests at heart.”

The New York Times editorial disputed this claim, criticizing CIANA on the basis that teens “have reason to fear a violent reaction” and will “resort to unsafe alternatives.”

These objections are repeatedly voiced by abortion activists. Yet they ignore published studies, many of them by the Guttmacher Institute, a research institute founded by Planned Parenthood, demonstrating that less than half of pregnant teens tell their parents of their pregnancy and very few experience ill effects from the disclosure.

According to a national study conducted by researchers associated with Guttmacher, disappointment is the most common response of parents who learn that their teen daughter is pregnant, and almost no parent responds with violence. Teens reported an increase in parental stress as the most common consequence of disclosing their pregnancy. Less than half of one percent of the teens reported that they were “beaten.”

The claim that minors will resort to unsafe alternatives is equally bogus. A 2007 study of self-induced medical abortions reported no cases involving children or adolescents. Similarly, notwithstanding the fact that parental involvement laws have been on the books in various states for over thirty years, there has been no case in which it has been established that a minor was injured as the result of obtaining an illegal or self-induced abortion in an attempt to avoid parental involvement.

What has been established, however, is that many teen pregnancies are the result of coercion and statutory rape. National studies reveal that almost two thirds of adolescent mothers have partners older than twenty years of age. In a study of over 46,000 pregnancies by school-age girls in California, researchers found that 71 percent, or over 33,000, were fathered by adult post-high-school men who were an average of five years older than the mothers. Perhaps even more shocking was the finding that men aged twenty-five years or older father more births among California school-age girls than do boys under age eighteen. Parental involvement laws are just one way the law can attempt to protect young girls from the predatory practices of some men.

Mandatory reporting of statutory rape and other sex crimes is another. Yet as evidenced by recent news stories, some abortion providers refuse to comply with reporting laws. Instead of reporting underage sex to state authorities who can then investigate and protect a girl from future abuse, clinics intentionally remain ignorant of the circumstances giving rise to the pregnancy. Clinics in Kansas have even gone so far as to argue in federal court that twelve-year-old children have a right to keep their sexual activities private and thus reporting laws are unconstitutional. Thankfully this absurd claim was rejected, but only on appeal from a district court ruling embracing the clinics’ argument.

In addition to providing some protection against sexual exploitation of minors, the Supreme Court has identified three ways in which teens may benefit medically from parental involvement. First, parents are more likely to have greater experience in selecting medical providers and thus be able “to distinguish the competent and ethical from those that are incompetent or unethical.” This benefit should not be lightly ignored, as evidenced by the horrific practices engaged in by Kermit Gosnell in Philadelphia, an abortion provider currently being prosecuted for multiple murders in connection with his abortion practice.

Second, parents can provide additional information about the minor’s medical history—information a minor may not know, remember, or be willing to share. This can be particularly important where there is a history of depression or other mental disorder that may impact the minor’s post-abortion psychological health. While claims of “post-abortion trauma” are hotly disputed, no one questions that women with a history of depression may be more susceptible to post-abortion mental health problems.

Finally, parents who know their daughter has undergone an abortion can more readily identify any post-procedure problems such as infection or hemorrhaging—two of the most common post-abortion complications. If caught early, both infection and hemorrhaging can be dealt with easily, but if ignored, either can lead to other complications or even death.

Opponents of CIANA argue that the Act would endanger teen health, and they criticize the emergency exception to parental involvement, which is limited to the life of the minor. This objection, like the other objections, ignores reality and constitutional precedents. In the five years between 2005 and 2010, the Wisconsin Department of Health reported almost 3,200 abortions performed on minors. Not a single one involved a medical emergency. During the same five years in Alabama, where over 4,500 abortions were performed on minors, only two involved a medical emergency. In Nebraska, of the 13,596 abortions performed on all women from 2005 to 2010, only three involved a medical emergency.

Evidence shows that of all teens obtaining abortions, only a tiny fraction of one percent occur in emergency circumstances. In Gonzales v. Carhart, the United States Supreme Court upheld the constitutionality of the federal partial-birth abortion ban that contained a similarly narrow emergency exception, in part because of evidence that no broader exception was necessary.

Independent of the fact that such emergencies are so rare, it is precisely in these circumstances, when a teen’s life or health is threatened by a pregnancy, that parental involvement is most needed and most helpful.

It is beyond dispute that young girls are being taken to out-of-state clinics in order to procure secret abortions. Abortion clinic operators in states without parental involvement laws routinely advertise in neighboring states where clinics must obtain parental consent or provide parental notice. For example, abortion providers in Granite City, Illinois have advertised Illinois’s absence of any parental involvement requirement to Missouri minors, which has a parental consent law, for decades.

Missouri legislators attempted to stop this practice by passing a law creating civil remedies for parents and their daughters against individuals who would “intentionally cause, aid, or assist a minor” in obtaining an abortion without parental consent or a judicial bypass. Abortion providers immediately attacked the law as unconstitutional, but it was upheld by the Missouri Supreme Court. The Court limited its opinion, however, by the observation that “Missouri simply does not have the authority to make lawful out-of-state conduct actionable here, for its laws do not have extraterritorial effect.”

The proposed Child Interstate Abortion Notification Act is an appropriate and measured response to the limitations on state powers in our federalist system. It is grounded by the reality that parents are nearly always the first to help a teen in trouble, and that fact does not change when the “trouble” is an unplanned pregnancy. There is no other elective surgery that minors can obtain while keeping their parents in the dark, and the controversy surrounding this Act shows just how severely the judicial creation of abortion rights has distorted American law.

Teresa Collett is Professor of Law at University of St. Thomas School of Law. Reprinted with permission from thePublicDiscourse.com.

Truth. Delivered daily.

Get FREE pro-life, pro-family news delivered straight to your inbox. 

Select Your Edition:


Share this article

Advertisement
Featured Image
A protester rallies against Hobby Lobby, protesting against the Supreme Court decision Dan Holm/Shutterstock
Dustin Siggins Dustin Siggins Follow Dustin

DNC chairwoman exhorts constituents to boycott local Hobby Lobby store

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

The Supreme Court's Hobby Lobby decision was nearly two months ago, but the issue as hot as ever, as was demonstrated yesterday when Democratic National Committee chairwoman Debbie Wasserman Schulz, D-FL, urged constituents to boycott a Hobby Lobby store in her district.

In a press conference one lot away from the Hobby Lobby location in Davie, which opened in April, Wasserman-Schultz said that she wanted "people to know that this Hobby Lobby is here and they should vote with their purses and their pocketbooks, and women should not shop here."

"If you didn’t know this Hobby Lobby was here before, know it now and don’t shop here. They don’t deserve women’s business because they are the ones that all across the country have made it harder for women to get access to birth control,” she said.

Click "like" if you are PRO-LIFE!

Wasserman-Schultz said that Hobby Lobby's corporate ownership "doesn’t support its employees" and "wants to be able to get in the personal business of their employees and make health care decisions and replace their own values, replace their employees’ health care decisions, with their values…."

She also criticized the Supreme Court's late June decision in favor of Hobby Lobby, which had sued the federal government over the Obama administration's HHS Mandate.

The Green family, which owns Hobby Lobby, say it violates their conscience to pay for coverage for the four abortifacients and potential abortifacients that the mandate required them to cover.

"The Supreme Court’s decision in the Hobby Lobby case was not only disappointing, it was dangerous," said the Democrat. "No boss should have the right to dictate and employee’s health decisions because [they] don’t belong in the bedrooms, doctor’s offices or pharmacies of their employees.

"A woman and her doctor know what’s best for their body. Not an insurance company. Not a politician. And certainly not a manager at a Hobby Lobby."

The Supreme Court's decision allowed closely held corporations to not fund coverage of contraception or abortion drugs and devices.

Wasserman-Schultz's office did not respond to multiple requests for comment.

Through a spokesperson, the Green family declined to comment about the Congresswoman's statements. 

Advertisement
Featured Image
Shutterstock.com
Kirsten Andersen Kirsten Andersen Follow Kirsten

,

America is rejecting abortion because pro-lifers are having more children: study

Kirsten Andersen Kirsten Andersen Follow Kirsten
By Kirsten Anderson

According to a new Northwestern University study, American attitudes about abortion are trending more conservatively than other contentious social issues, a phenomenon the authors credit to the simple fact that pro-lifers have more kids.

“We find evidence that the abortion attitudes have lagged behind a liberalizing trend of other correlated attitudes,” the authors wrote. Using GSS data collected between 1977 and 2010, “We test[ed] the hypothesis that the comparatively high fertility of pro-life individuals has led to a more pro-life population.”

The authors wrote: “Support for abortion rights has turned flat after a period of increase following Roe v. Wade, and in recent years there are even indications of a reversal toward more restrictive attitudes. This U-turn is evinced particularly among younger cohorts, and is happening despite liberalizing trends in several ostensibly related issue domains.”

The authors speculated that the reason for the increase in pro-life attitudes among young people is that their parents had more children than their pro-abortion counterparts. When they examined the data, they found that pro-life individuals had, on average, 27 percent more children than those who considered themselves “pro-choice.”

Not only that, but pro-life parents appear to be much more likely to pass their views on to their children. The researchers found that the younger generation’s pro-life shift was too strong to be blamed solely on differences in fertility – meaning children of pro-abortion parents are rejecting their parents’ views.

“[E]ither pro-life beliefs are always more faithfully transmitted than pro-choice ones; or, there has been a cultural shift towards more pro-life beliefs that is being reflected in the parent-child correlations,” the authors wrote.

The study concluded that if it wasn’t for the higher fertility rate among pro-life people, the nation as a whole would favor abortion by about five percentage points more than it does currently – and researchers predict the pro-life trend will continue.

Click "like" if you are PRO-LIFE!

“Taken together, these findings suggest that fertility has had at least some part in leading the population in a more pro-life direction over time,” the authors wrote. “Further investigation into this pattern indicates that not only are abortion attitudes associated with fertility, but in proportional terms—which is what matters for cultural change—the gap is widening.”

“Fertility has declined for both pro-choice and pro-life groups over the past 30 years, but fertility has declined far less markedly for pro-life individuals,” they added. “Whereas pro-[life] individuals born before 1940 were only having about 1.2 children per one child born to a pro-choice parent, this ratio has grown to over 1.5 for those born in the mid to late 1970s. This pattern suggests that future cohorts may place an even stronger demographic drag on the liberalization of abortion attitudes.”

Advertisement
Featured Image
A declaration that PP is an 'enemy of the Church' would mean that Catholics who work with, advocate for, or support Planned Parenthood, incur automatic excommunication. American Life League
Lisa Bourne

New campaign asks Pope Francis to declare Planned Parenthood an ‘enemy of the Church’

Lisa Bourne
By Lisa Bourne

The Catholic pro-life organization American Life League (ALL) is launching a campaign calling for the Catholic Church to declare Planned Parenthood an “enemy of the Church.”

Using prayer and education, ALL’s Defend the Family campaign seeks to expose the nation’s largest abortion provider for contribution to the destruction of human lives, as well as the family. 

The campaign, said Jim Sedlack, vice-president of ALL, is quite simply “a way of calling attention to the fact that this is a very bad organization.”

“Planned Parenthood is attacking the family, either by killing preborn children or by robbing the souls of the older children,” he said. 

A declaration that PP is an “enemy of the Church” would mean that Catholics who work with, advocate for, or support Planned Parenthood, incur automatic excommunication.

Such a declaration would not be unprecedented. Popes in the past have identified and condemned organizations that posed a grave threat to the Church, most recently Pope Pius XII in 1949 with Communism and Pope Clement XII in 1738 with Freemasonry.

While specifics would depend on the wording of the Papal pronouncement, Sedlak told LifeSiteNews if the Holy Father makes the declaration there would be no mistaking its intent.

“When the pope makes the declaration it becomes crystal clear,” Sedlak said. “There’ll be no shades of gray, it’ll be black and white, it’ll be clear to the world.”

Click "like" if you are PRO-LIFE!

'Now is the time'

There are still people who are not fully aware of the extent of the societal damage inflicted by Planned Parenthood, said Sedlak, including members of the Church hierarchy. He said it’s important to emphasize the truth of what the abortion giant does.

“That’s why we’re focusing on the enemy,” said Sedlak. “When people really stop and focus on Planned Parenthood, they realize it’s the enemy.”

ALL cites Planned Parenthood’s targeting of children to sexualize them as a major cause of the destruction of the family and a fundamental reason for the Defend the Family campaign.

“They really push for getting young people into lives of sexual sin,” Sedlak said. “Young people who aren’t pulled into sexual activity do not provide a cent of income to Planned Parenthood, but young people who are pulled in provide millions of dollars to the Planned Parenthood empire.”

ALL compiled a comprehensive report on Planned Parenthood titled, “The Vatican can help save souls from Planned Parenthood,” as part of the Defend the Family campaign.

“The document builds the case,” said Sedlak. “Why Planned Parenthood, why now is the time.”

Sedlak told LifeSiteNews that for its part Planned Parenthood has always recognized that its greatest enemy is the Catholic Church, even working to have the Church lose its status at the UN.

“They fight anybody who wants to take sex away from the kids in any way possible,” Sedlak said. “That’s one reason why Planned Parenthood is the sex mafia.”

And when Sedlak uses the term “mafia,” he means it literally, pointing out that the Holy Father condemned the mafia in his June 21, 2014, homily in Calabria, Italy, denouncing its, “Adoration of evil and contempt for the common good.”

“Planned Parenthood kills far more people than the mafia,” Sedlak said.

Also underscoring the need for the Vatican to act on declaring Planned Parenthood an enemy of the Church, is the convening of the Extraordinary Synod on the Family this October in Rome, which will lead into the general synod in 2015.

Sedlak told LifeSiteNews that these, along with the 2015 World Meeting of Families in Philadelphia, are events that ALL will rally around to raise awareness of the Defend the Family campaign.

Preliminary response to the campaign has been very positive, he said.

Sedlak told LifeSiteNews that the “Vatican can help save souls from Planned Parenthood” report was so well received upon initial presentation to Vatican officials, that ALL was asked to translate it into three more languages.

“The support we’ve gotten from talking to bishops has been overwhelming,” Sedlak said.

Prayer is priority #1

The Defend the Family campaign consists first and foremost of prayer, Sedlak told LifeSiteNews.

“Our approach is that we need prayer support,” he said. “The only way that we’re going to succeed is through prayer to the Blessed Mother; the only way it will succeed is if God wants it to succeed.”

Participants are asked to say regular prayers after Mass, to offer prayers for the pope and to initiate communication with local bishops about the dangers that Planned Parenthood poses to the faithful.

Sedlak also added that The Defend the Family campaign is for everyone, not just Catholics.

He said pro-life supporters of all faith traditions are invited to contact ALL for assistance in encouraging their religious denomination or church leader to declare Planned Parenthood an enemy.

In addition to prayers for the campaign, ALL is asking people to sign and submit ALL’s Declaration of Encouragement to the Holy Father, enroll in the Spiritual Bouquet for the Holy Father and to share ALL resources on Planned Parenthood.

Information, links and resources are available on the campaign website, defendthefamily.org.

Sedlak told LifeSiteNews that ALL is giving the success of the Defend the Family campaign up to God.

“This is all happening in God’s time, and so far he’s been blessing us mightily,” Sedlak said. “And we’re going to go wherever God takes us.”

Advertisement

Customize your experience.

Login with Facebook