Kirsten Andersen

,

Court may force disabled Catholic woman to abort her child

Kirsten Andersen
Kirsten Andersen
Image

RENO, NV, November 1, 2012, (LifeSiteNews.com) – A disabled woman in Reno, Nevada, may soon be forced by court order to abort her child against her wishes, despite the objection of her parents.  A hearing is being held Thursday in Nevada’s 2nd District Court to hear testimony from medical experts in the case.

LifeSiteNews spoke to the woman’s mother, Amy Bauer, and her attorney, Jason Guinasso, about the events that led to the pregnancy and court case.

Elizabeth Bauer, 32, was born in Costa Rica, but adopted with her five siblings and brought to the United States by Amy and William Bauer of Fernley when she was 12.  Elizabeth – known to those who care for her as “Elisa” – is disabled as a result of fetal alcohol syndrome (FAS).  Her birth mother drank while pregnant, leaving Elisa mentally impaired and prone to seizures. She is said to have an IQ of 42 and a mental age of six.

At age 18, still unable to care for herself, Elisa was entrusted by the court to her parents’ permanent guardianship.  They have been responsible for her care ever since, first in their home, then at Chrysalis, a group home for disabled adults in Reno.

The exact circumstances under which Elisa became pregnant are unknown, but the young woman had a history of leaving Chrysalis to visit nearby truck stops and casinos, where she had sexual encounters with men.  It is unclear whether these encounters were consensual, although Chrysalis staff suspect she had sex in exchange for money so that she could gamble. The nature of her mental impairment, however, suggests she is unable to legally consent to sex. 

Concerned for their daughter, the Bauers worked with Chrysalis employees to try to stop her visits to the truck stops and casinos. They gave her a cell phone with a GPS tracking program, and tried to schedule more frequent home visits and other activities to keep her distracted. At the request of Chrysalis staff, the police opened a file and tried to follow her when she left the facility without a specific, safe destination in mind, concerned that she would forget to take her medication and suffer a life-threatening seizure. But the Bauers could not prevent her from leaving the group home without formally institutionalizing her – an option the family discussed and rejected because state law requires disabled adults to be cared for in the least restrictive environment that meets the needs of their disabilities. 

Chrysalis employees notified Elizabeth’s family about her pregnancy as soon as they were aware of it.  For the Catholic Bauer family, abortion was not an option, but they also knew Elizabeth would not be able to care for a baby herself.  They reached out to their community and quickly lined up at least six families willing to adopt the infant, even if the child has special needs. 

When they took Elizabeth to see her neurologist, Dr. William Torch, to find out how her anti-seizure medications might need to be adjusted to minimize harm to the baby, social services, and the court, got involved.

Concerned that she had been sexually abused, Dr. Torch called in Adult Protective Services to question the pregnant woman. Elizabeth’s story, Amy says, was inconsistent.  At first Elizabeth said she had not been raped; then she told investigators “I said no, but he did it anyway.” 

Soon after, the Bauers were summoned to court without explanation – and without a lawyer. 

Amy Bauer says that she and her husband received notice on October 2 that they were to appear in court for an “informal status conference.”  The couple assumed it had to do with their Annual Guardianship Report – a required yearly filing which William had prepared, but had not yet notarized or sent in. He sent it that day, and the Bauers appeared as requested on October 9.

That was when they realized the hearing was about much more than late paperwork.

Attorney Jason Guinasso says Judge Egan Walker confronted the Bauers about Elisa’s pregnancy.  He asked what they planned to do about it, specifically whether they were considering abortion. When Amy and William told the judge that their Catholic faith prevented them procuring an abortion, Guinasso says the judge was dismissive.

“He said ‘I have inherent authority to [override their wishes] because the court appointed the guardians and they are agents of the court,’” Guinasso said.  But Guinasso says that is a misreading of the law.

“There are no statutes that give this Court or Washoe County the authority to compel Elisa to have an abortion,” said Guinasso.  “Such decisions are left to the sound discretion of the duly appointed guardians.”  

He questioned what would happen if the tables were turned and the parents wanted the abortion.  “If Mr. and Mrs. Bauer were abortion minded,” he said, “and decided Elisa should have an abortion, or they had decided to allow Elisa to use contraception and Washoe County Social Services had moral and ethical concerns about contraception or the efficacy of an abortion, neither Washoe County nor this Court would have authority to prohibit the guardians from allowing Elisa from using contraception or undergoing an abortion.”

At the hearing, the court appointed a guardian ad litem to advocate for Elizabeth.  Said Amy, “I asked [the judge] what that was, and he said, ‘Oh, that has nothing to do with your guardianship rights.  It’s just so that while the court is in session, he can talk to Elizabeth about what her wishes [regarding the pregnancy] are, and do research.’”  The judge also appointed an attorney for Elizabeth.

Since then, there have been four more hearings.  Amy says Elizabeth’s doctors are pushing for an abortion. 

(Click “like” if you want to end abortion! )

Amy was horrified. “I tried to switch doctors, but the judge said, ‘No, you can’t do that right now,’” she says. “I never picked these doctors.  I thought I had to use these doctors because she was on Medicaid, but apparently not.  You can pick any doctor on Medicaid.”  Still, says Amy, the judge told her that before she can find new doctors for her daughter, “You have to wait until this is over.” 

Elisa’s pregnancy is high risk because infants born to mothers on anti-seizure medication have a higher rate of birth defects than the general population.  But the vast majority of epileptic women have healthy babies, says Dr. Michel Czerkes, an OB/GYN at St. Mary’s Regional Medical Center in Lewiston, Maine. “Monitoring and screening in pregnancy is the recommended course of treatment in pregnancy for a baby who has been exposed to an anti-epileptic medication,” he says, “not abortion.”  

At first, Amy says, Elisa was adamant that she did not want an abortion.  “I explained to her what an abortion was, and she didn’t say anything.  I said, ‘What do you want?’ and she said, ‘I want to have the baby and take care of it.’”  When Amy explained that Elisa could not care for a child, Elisa agreed that it would be better if a mother and father took the baby in, as long as she got to see the child sometimes.  “I wonder if it’s a boy or a girl,” Amy recounts, her voice breaking.

Amy and William tried to bring Elisa home to keep closer watch over her care during her pregnancy.  Again, the judge said no.  “They’re trying to limit our contact with her,” Amy tells LifeSiteNews. 

She says Elisa is confused since the court process began, and that Chrysalis staff told her that the more the social workers and doctors talk to Elisa, the more upset she becomes. 

“Until they started talking to her,” Amy says, “she was very clear that she wanted to have the baby and come home.”  Since the court case started, however, “she’s upset and crying…she doesn’t want to go to court.  She doesn’t want to talk to anybody anymore.”  Amy says she feels as if social services is pushing a pro-abortion view on Elisa, and it’s confusing her daughter.

“I don’t know what they’re telling her,” Amy said, “but I know the result.”

LifeSiteNews.com contacted Deputy District Attorney Dania Reid, who represents the Washoe County Public Guardian, the department responsible for investigating Elisa’s case.  Reid denied that the investigation and court hearings are designed to force Elisa to abort her baby.  Reading from the court order, she maintained that her clients are investigating Elisa’s “medical and psychiatric, psychological condition, care, maintenance, and placement.” 

When questioned about purpose of the investigation, the attorney was silent for 24 seconds. 

She then said, “The purpose is to file a report with the court detailing the findings and conclusions regarding the current personal condition of Miss Bauer.”

Asked if the court is seeking to revoke her parents’ guardianship, Reid replied, “That is not what this order says.”  As to whether it’s possible that Elisa will be forced to have an abortion against the wishes of her parents, Reid said the court “will be the ultimate arbiter” in deciding the fate of Elisa and her baby.

A court hearing is scheduled for at 2:30 PM PDT on Thursday, during which Judge Walker will begin hearing testimony from medical experts.  A second hearing is scheduled for November 6.

FREE pro-life and pro-family news.

Stay up-to-date on the issues you care about the most. Subscribe today. 

Select Your Edition:


Share this article

Advertisement
Featured Image
Shutterstock.com
Sofia Vazquez-Mellado

, ,

11-year-old in Uruguay refuses to abort after rape

Sofia Vazquez-Mellado
By Sofia Vazquez-Mellado

MONTEVIDEO, Uruguay, May 25, 2015 (LifeSiteNews.com) – An 11-year-old girl in Uruguay is making headlines for refusing to abort after being raped by a 41-year-old relative. Pro-abortion organizations in the country are using the case to ask for a broadening in the law, which allows for abortion up until 12 weeks gestation, 14 weeks in cases of rape, and up to 9 months when the life or health of the mother are at risk or when the baby is “unviable.”

Local media report that the girl, who is 18 weeks pregnant, lived with her abuser for over a year prior to the pregnancy. Her mother is now asking authorities to make her abort, but according to the local newspaper La Diaria, a team of psychiatrists from Uruguay’s Child and Adolescent Institute (INAU) has said that “the girl’s position has been confirmed without a doubt: she wishes to be a mother.”

According to her relatives, the girl suffers from a mild mental incapacity, although she is not considered handicapped.

In a press conference, Susana Muñiz, president for the Association of State Health Services and former minister of health, said: “An 11-year-old girl obviously has a body not prepared to be pregnant, with a very small uterus.”

However, according to Monica Silva, head of the INAU’s Health Division, “There is no risk to the life of the girl nor that of the baby. We cannot force her to abort.”

Click "like" if you are PRO-LIFE!

“Even if her mother wants it, it would be inhuman to force her to abort,” continued Silva. “The fact that there was a rape doesn’t allow me to force her to abort. This [aborting] may seem like a protection of her rights but it is against the girl’s will.”

Nevertheless, a press release “demanding” that the girl abort “immediately” was issued by several pro-abortion NGOs soon after, on May 12. “The hypocritical and bureaucratic system allows for her rights to be undermined without considering the cost this will bring to the girl,” it read.

“Who will take charge now to stop the undermining of her rights and protect her health and her life? How much longer do we need to wait before somebody decides responsibly on the interruption of that pregnancy?” it concluded.

In her interview, Silva also said the girl’s parents “never visited, with exception of one of the six siblings she has.”

 “The best that could happen would be to ensure that she has a ‘welcoming family,’ that would receive the girl with her baby,” continued Silva. “I doubt we can achieve that because it’s hard to find families who want this challenge.”

The girl remains under INAU’s care and her abuser has been imprisoned.

Share this article

Advertisement
Featured Image
Shutterstock.com
Steve Weatherbe

,

Christian jeweller made gay couples’ rings but still got targeted by gay lobby

Steve Weatherbe
By Steve Weatherbe

MOUNT PEARL, Newfoundland, May 25, 2015 (LifeSiteNews.com) –While North Americans are used to reading about Christian business people being fined and excoriated for refusing to cater to homosexual weddings, Newfoundland has added a novel twist: there a Christian jeweller has been punished financially and deluged with hate mail even though he did do business with a homosexual couple.

Nicole White and Pam Renouf liked the service they got from Esau Jardon of Today’s Jewellers in Mount Pearl, Newfoundland and Labrador, who took their deposit and proceeded to design and build them two engagement rings. They even recommended the store to friends.

But by the time one friend went there, the Mexican-born Jardon had put up a sign in his shop window marking Mother’s Day—and his strong, traditional Christian beliefs: “The Sanctity of Marriage IS UNDER ATTACK; Help Keep Marriage Between Man & Woman,” it read.

The friend went ballistic. Her picture of the sign went viral. The couple went back on their deal and back to the store, demanding their deposit. Today’s Jewellers’ Facebook page was so deluged with hundreds of hateful emails and many threats that Jardon and his brother, who is his business partner, have to shut it down.

LifeSiteNews asked White if Jardon had been punished enough. “Omigod, yes,” she responded. “Way, way too much.” But earlier she explained to a local newspaper why the couple cancelled their order. “The ring symbolizes love, and just knowing that that’s the sign that they have up there — every time I look at my ring, yes, I’ll think of us, clearly, but also everything we went through. So I don’t want my ring from there anymore. I just want my refund.”

At first, she reported, “They just said that that's their beliefs, and they think they can put up whatever they want. I just said it was very disrespectful, it's very unprofessional and I wanted a refund,” White said. “I have no issues with them believing in what they believe in. I think everyone's entitled to their own opinion. But I don't think they should put their personal beliefs inside their business.”

Click "like" if you want to defend true marriage.

Jardon, at first, was loath to return it, lest this be seen as an apology for his beliefs. Reached in Toronto, he told the St. John’s Telegram, “When I walk on Church Street in Toronto, where I am right now, and I see [LGBT rainbow flags], and I see a lot of signs and a lot of things on public property, I don't have a problem with them. I accept it. I chose to come to Canada... and we accept the whole package... I don't discriminate against that, nor do I come and tell them to take them down. For the same reason, I ask to have the same respect in return, especially when it's in my own business.”

But what is sauce for the gander is not sauce for the geese, or for the LGBT community that crowded onto the bandwagon, or for the CBC which was all too ready to label the jeweller’s sign “homophobic.”

However, some have offered support and sympathy. Rod Dreher, blogging at The American Conservative, observed that only so-called sexual minorities expected this kind of treatment. “Is a fundamentalist Christian permitted to send her osso buco back to the kitchen if she discovers that homosexual hands cooked it? Of course not. Some delicate snowflakes are more delicate than others.”

Referring to recent decisions by courts and human rights tribunals against Christian vendors who refused to serve homosexuals, Dreher concluded on an ironic note. The pressure on Jardon to return the deposit marked “the next phase in the March of Progress. You must not only bake the cake, or arrange the flowers, or make the ring, you must hold the correct opinion when you do it.”

Jardon defends his right to his own opinion. “One of the reasons my family chose to move to Canada was the rights that it offered, the freedom of religion and freedom of speech, both of which at the time seemed to be very limited in Mexico,” he said.

Advertisement
Featured Image
Canadians headed to the ballot box for the fall federal election should remember the right to life is 'the most basic thing in society,' the archbishop tells LifeSiteNews. Pete Baklinski / LifeSiteNews
Pete Baklinski Pete Baklinski Follow Pete

, , ,

Exclusive: Clinging to Christ will help those struggling with sexual identity, says Montreal’s archbishop

Pete Baklinski Pete Baklinski Follow Pete
By Pete Baklinski

OTTAWA, May 25, 2015 (LifeSiteNews.com) -- Montreal’s archbishop, Christian Lépine, weighed in on what the Catholic Church actually has to offer people struggling with the biological sex they were born with, telling LifeSiteNews in an exclusive interview that it’s no mistake that God creates the human person as male or female and that every person must look for their identity within a “view of God.”

“The teachings of the Church as such, its most basic one, is that we’re made in the image of God. That's always the starting point. And when you lose track of that — that you're made in the image of God — then somehow you come to lose trust in who you are as a human being, and you know less of who you are, and you don't know anymore who you are, and you [find yourself] looking for your own identity outside of a view of God,” Lépine told LifeSiteNews last week one day prior to the annual National March for Life that drew an estimated 25,000 pro-life advocates.

Following the first book of the Bible, where it is stated that God created human beings as “male and female,” the Catholic Church has always taught, and continues to teach, that the male/female binary is God’s plan for mankind.

As the book of Genesis (1:27) states: “God created man in his own image, in the image of God he created him, male and female he created them.”

The Catechism of the Catholic Church stresses that recognizing and preserving the male/female sexual difference is necessary for a healthy society.

“Everyone, man and woman, should acknowledge and accept his sexual identity. Physical, moral, and spiritual difference and complementarity are oriented toward the goods of marriage and the flourishing of family life. The harmony of the couple and of society depends in part on the way in which the complementarity, needs, and mutual support between the sexes are lived out,” the Catechism states.

Lépine said that anytime questions about sexual identity arise for the faithful, “we must go back to the basics,” namely that “every human is created in the image of God, and of course, biblically, every human being exists as a woman or as a man.”

The archbishop’s words are foreign to mainstream notions of so-called ‘gender fluidity’ where male/female difference is construed as a social construct and ultimately as a personal choice.

Lépine acknowledged that some people suffer when it comes to accepting their own sexual identity as either a male or female based on biological characteristics.

“Sometimes people have sufferings about their own desires, or about their own sense of identity, or about the fact that masculinity and femininity exists, or about the fact that you as ‘human being’ [exist] as a male or female, as a man or as a woman.”

He called the male/female binary “a reality that is part of the [human] experience,” adding that it is also “taught in the Bible.”

Lépine stressed that the Church does not leave people “looking for a meaning in their lives and their own sense of identity” to struggle on their own, but offers them many helps and aids, including a clear anthropology on the nature of the human person.

“As Christians, we have the Bible to help people. We have Jesus Christ to help people. We have faith in God to help people. So, going back, [we must be] conscious that we are made in the image of God. And our own sexuality — what is the meaning of being a man or woman — is related to our vocation to love. And, every human being as such, made in the image of God — being a man or woman — is called to love.”

“So, how [are we] to help [such] people? You can talk about things theoretically, which is one thing. But also, we have to be conscious of people who live through situations where they're looking for their own identity and we need, I think, the Bible and faith to help them.”

Fluid notions of gender have been criticized by Pope Francis on at least three occasions, and prior to this, by Pope Benedict XVI.

“Gender theory is an error of the human mind that leads to so much confusion," Pope Francis told young people during his voyage to Naples, Italy last March.

Click "like" to support Catholics Restoring the Culture!

In his 2012 Christmas greeting, Pope Benedict condemned gender theory as a “profound falsehood” since it denies the male and female sex as a “given element of nature.” According to Benedict, instead of acknowledging that God created people male and female, gender theory posits the existence of sexual social constructions that people can decide to conform to or not.

“The profound falsehood of this theory and of the anthropological revolution contained within it is obvious. People dispute the idea that they have a nature, given by their bodily identity, that serves as a defining element of the human being. They deny their nature and decide that it is not something previously given to them, but that they make it for themselves.”

“When the freedom to be creative becomes the freedom to create oneself, then necessarily the Maker himself is denied and ultimately man too is stripped of his dignity as a creature of God, as the image of God at the core of his being,” Benedict concluded. “The defence of the family is about man himself. And it becomes clear that when God is denied, human dignity also disappears,” he said.

Earlier in the interview, Lépine spoke about the need to “promote relentlessly life and respect for life” in the face of the country’s top court setting the legal stage for allowing doctors to end the lives of their patients under the pretext of compassion and mercy.

“You don't take care of someone when you suppress the life of someone, because you're not solving a problem. You're suppressing the person. It doesn't work,” he said.

Referring to the upcoming federal election this fall, the archbishop called “life and the right-to-life and dignity of the person” an “important subject, because it's the most basic thing in society.” 

Share this article

Advertisement

Customize your experience.

Login with Facebook