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.

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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.


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Medical staff arrested in India after accidentally aborting baby at 8 months

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By Thaddeus Baklinski

A doctor and a nurse at a prominent private hospital in India have been arrested after they allegedly administered abortion drugs to a eight-months pregnant accidentally, resulting in the death of her unborn child.

"We have immediately registered a case and arrested the doctor, whose negligent act has caused this," said South Jammu Superintendent of Police Rahul Malik, according to the Hindustan Times.

The woman's husband, Rakesh Sharma, told the paper that the doctor mistook Shruti Sharma for another patient who was scheduled for an abortion at the JK Medicity Hospital in Jammu on Friday afternoon.

Shruti had gone to the hospital after her gynecologist advised a routine medical examination to safeguard her and her baby's health.

Rakesh alleged that the doctor gave his wife the abortion pills without consulting her medical records. “Doctors and paramedical staff instead of administering glucose, gave her abortion medicine, which was actually meant for another patient,” he said.

"It is the worst case of negligence. I feel strongly that such hospitals should be closed. If this has happened to me today, tomorrow it can happen to any body else," Rakesh said.

While the JK Medicity's administration said it has launched an inquiry into the incident, a report from the Jagran Post stated that the district government has revoked the hospital's license.

"Jammu and Kashmir Government has ordered sealing of the private clinic after suspension of its license to operate in the wake of the incident," said Minister for Health and Medical Education Taj Mohiuddin according to the report.

National media have reported that the incident has brought illegal abortion practices in India to the attention of both the public and government officials.

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According to the Medical Termination of Pregnancy Act, abortion is legal in India up to 20 weeks. However, the opinion of a second doctor is required if the pregnancy is past its 12th week, and abortion-inducing drugs such as mifepristone and misoprostol are allowed only by prescription up until the seventh week of pregnancy.

Moreover, abortions can be performed only in government licensed medical institutions by registered abortionists.

Indian Express reported that the accused in the incident, Dr Amarjeet Singh, practices ayurvedic medicine (traditional Hindu medicine) and is "unsuitable for carrying out abortions."

A video posted by IndiaTV shows the parents surrounded by family members and relatives at a protest outside the JK Medicity hospital where the group is demanding punishment for those involved in the death of the child.


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News editor fired for criticizing ‘gay Bible’, files complaint

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By Kirsten Anderson

The former editor-in-chief of Iowa’s Newton Daily News has filed a religious discrimination complaint after he was fired over a post on his private blog criticizing the pro-gay Queen James Bible.

The Bible revision was produced by homosexual activists who claim to have edited the eight most commonly cited verses against homosexual behavior “in a way that makes homophobic interpretations impossible.”

On his private blog, which has since been deactivated, Bob Eschliman wrote in April that “the LGBTQXYZ crowd and the Gaystapo” are trying to reword the Bible “to make their sinful nature ‘right with God.’”

After public outcry from homosexual activists, Shaw Media, which owns the paper, fired him on May 6.

In a statement the day of his firing, Shaw Media President John Rung said Eschliman’s “airing of [his opinion] compromised the reputation of this newspaper and his ability to lead it.”

“There will be some who will criticize our action, and mistakenly cite Mr. Eschliman’s First Amendment rights as a reason he should continue on as editor of the Newton Daily News,” Rung said.  “As previously stated, he has a right to voice his opinion. And we have a right to select an editor who we believe best represents our company and best serves the interests of our readers.”

Rung said the company has a duty “to advocate for the communities we serve” and that “to be effective advocates, we must be able to represent the entire community fairly.”

Eschliman, who has been writing professionally since 1998 and became editor-in-chief of the Newton Daily News in 2012, says that the company was aware of his personal blog when he was hired and never indicated it would be a problem for him to continue sharing his personal political and religious views.

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In his religious discrimination complaint against the company, filed with the Equal Employment Opportunity Commission (EEOC), he says that he believes he was singled out for termination because of his Christian views concerning homosexuality and same-sex “marriage.”

“As a lifelong writer, I have maintained a personal blog on the Internet with some personal thoughts and writings,” Eschliman wrote. “Newton Daily News, my employer, never had a policy prohibiting personal blogging, Twitter, Facebook, or any other social media. In fact, my employer encouraged us to engage in social media on a personal level and I am aware of several employees of Newton Daily News who continue to blog and are still employed with Shaw Media.”

“There is no question that I was fired for holding and talking about my sincerely held religious beliefs on my personal blog during my off-duty time from the comfort of my own home,” Eschliman wrote. “Shaw Media directly discriminated against me because of my religious beliefs and my identity as an evangelical Christian who believes in Holy Scripture and the Biblical view of marriage.

“Moreover, Shaw Media announced that not only were they firing me based upon my religious beliefs, but that they would not hire or allow anyone to work at Shaw Media who holds religious beliefs similar to mine, which would include an automatic denial of any accommodation of those who share my sincerely held religious beliefs,” he added.

Neither Shaw Media nor the Newton Daily News have been willing to provide further comment to the press on the matter, citing pending litigation.

Matthew Whitaker, an attorney with Liberty Institute who is assisting Eschliman with his complaint, said the law is on his client’s side.

“No one should be fired for simply expressing his religious beliefs,” Whitaker said in a statement. “In America, it is against the law to fire an employee for expressing a religious belief in public.  This kind of religious intolerance by an employer has no place in today’s welcoming workforce.”

According to Whitaker, if the EEOC rules in Eschliman’s favor, Shaw Media could be forced to give him back pay, front pay, and a monetary settlement.


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If you find this filthy book in your home, burn it

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By Jonathon van Maren

I don’t believe in book-burnings, but for the 50 Shades of Grey Trilogy, I’ll make an exception. I prefer charred books to scarred people.

The 50 Shades of Grey Trilogy, for those of you living outside “civilization,” is a repulsive and poisonous stack of porn novels that celebrates the seduction and manipulation of an insecure girl by a powerful businessman who happens to like spending his recreational time engaging in what is now popularly known as “BDSM.” For those of you who are fortunate enough never to have heard of this glorification of sexual assault, the acronym stands for bondage, domination, sadism, and masochism. In 50 Shades of Grey, the man in question inflicts all sorts of pain on the girl, because he is a sadist, which used to be a bad thing. (How utterly confusing it is to see the “feminists” of Planned Parenthood and elsewhere celebrating this phenomenon—wasn’t domination something they sought to subvert? Didn’t bondage used to be something one wanted to be freed from? And sado-masochism—I could vomit.) And now this trash has been developed into a film, the trailer of which is all over Facebook.

50 Shades of Grey and the new “BDSM” phenomenon are nothing more than the celebration of pain, rape, and destruction.

A lot of people seem to be taken with these books, especially based on the number of people I’ve seen unashamedly reading it at airports. These porn novels are “hot,” many reviewers tell us confidently. Yes, hot as Hell and halfway there, I think.

Consider this, for just a moment: In a culture where broken families are often the norm, we have a generation of girls often growing up without fathers, never receiving the paternal love and affection that they need. Thus the famous “Daddy Issues” that so many comedy sitcoms repulsively mock, as if hurting girls seeking love and affection in all the wrong places is some sort of joke. Conversely, boys are also growing up without fathers, never having a positive male role model in the home to teach them how to treat women with love and respect. And what is teaching them how to treat girls? At an enormous rate, the answer is online pornography, which increasingly features vicious violence against girls and women. The average first exposure of boys to pornography is age eleven. It is an absolutely toxic mess—insecure and hurting girls seek love from boys who have been taught how to treat them by the most vicious of pornography.

Introduce into this situation a book, written by a woman, glorifying the idea that girls should expect or even enjoy pain and torture inside of a sexual relationship. How does a girl, insecure and unsure, know what to think? The culture around her now expects her not to need a safe relationship, but a “safe word” to employ in case her sadist partner gets a bit too carried away in the pain-making. Boys who might never have dreamed of asking a girl to subject herself to such pain and humiliation are now of course emboldened to request or even expect this fetishized sexual assault as a matter of course in a relationship. After all, much of pornography now features this degradation of girls and women, and a woman wrote a book celebrating such things. It might seem sadistic and rapey, but hey, sexual freedom has allowed us to celebrate “bondage” and sexual liberation has allowed us to liberate our darkest demons from the recesses of our skulls and allow them out to play in the bedroom. Boys used to get taught that they shouldn’t hit girls, but now the culture is telling them that it’s actually a turn-on.

I genuinely feel sorry for many teenage girls trying to navigate the new, pornified dating landscape. I genuinely feel sorry for the legions of fatherless boys, exposed to pornography before they even had a chance to realize what it was, enfolded by the tentacles of perverted sexual material before they even realize what, exactly, they are trifling with. It brings to mind something C.S. Lewis once wrote: “Wouldn't it be dreadful if some day in our own world, at home, men start going wild inside, like the animals here, and still look like men, so that you'd never know which were which.”

50 Shades of Grey and the new “BDSM” phenomenon are nothing more than the celebration of pain, rape, and destruction. Find out if the “sex educators” in your area are pushing this garbage, and speak out. Join campaigns to make sure that promotion of this filth isn’t being funded by your tax dollars. And if you find these books in your home, burn them.


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