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.

Help us expose Planned Parenthood

$5 helps us reach 1,000 more people with the truth!


Share this article

Advertisement
Featured Image
Kim Davis refusing to issue marriage license to same-sex couple Frame from Times video
Mass Resistance

Kim Davis jailing only beginning of what is in store for America as revealed in June 27 “gay” magazine

Mass Resistance
By

September 4, 2015 (Mass Resistance) --The judge told her that she’ll stay in jail until she’s willing to change her mind -- and go against her conscience and faith. He said that he’d review the situation in a week. The judge said that he jailed her because fining her  “would not bring about the desired result of compliance”.

There are approximately 125 county officials throughout Kentucky who can issue “gay marriage” licenses. But the judge was adamant that every county official must be forced to do it and that religious freedom cannot be allowed, despite the First Amendment.  “The idea of natural law superseding this court’s authority would be a dangerous precedent indeed,” he said.

See video of Kim Davis, turning away very angry same-sex couple demanding a marriage license.

In 2004, 75% of Kentucky voters passed a State Constitutional Amendment restricting marriage to one man and one woman. On Thursday, Sept. 3, County Clerk Kim Davis was sent to jail by U.S. District Judge David Bunning because she refuses to issue “gay marriage” licenses, a decision which she says is rooted in her strong Christian faith.
 

The post-“gay marriage” revolution

Most pro-family people didn’t see the chilling article that appeared in The Nation, a major left-wing magazine, the day before the U.S. Supreme Court “gay marriage” ruling came out. The article outlines where the LGBT movement is going after “gay marriage.”

The Nation article, “What’s Next for the LGBT Movement?”, quotes four high-profile LGBT activists who reveal that “gay marriage” was never their final goal. The LGBT movement will not be stopping to rest, they say. Their plan is to delegitimize and crush all opposition to their agenda everywhere in America – particularly in the churches -- no matter how small.

Some of the things the article outlines:

  • “Dis-establish marriage.”  “Gay marriage” was simply a stepping stone. Their actual goal is that there be no formal marriage rules at all. This means group marriages are next, then incestuous marriages, and later even marriages to minors. It would simply be up to the people directly involved to decide.
  • Pass strong LGBT “non-discrimination” laws across the US. These are the laws that force bakers to bake “gay marriage” cakes or face huge punishments. Such laws would also force schools to include LGBT indoctrination. Most states still do not have the onerous laws the LGBT movement demands. The activists refer to those states (mostly in the South and Midwest) as “zones without rights” in their propaganda.
  • Ban all “religious liberty” laws. They consider religious liberty to be a dangerous ploy to “undermine all civil rights laws” that must be stopped at all costs. All people must be forced to follow the LGBT agenda, with no exceptions.
  • Demonize pro-family conservatives and silence all dissent. They plan to direct “massive amounts of funds” to “expose and defeat the right wing” across America.
  • Push a radical political agenda. They plan to leverage their power to support Marxist economic policies, the right to “early term abortion,” and similar policies.


Starting to happen

Last month the Denver City Council moved to deny the Chick-fil-A restaurant chain permission to do business at the Denver Airport because the company’s president said he does not agree with “gay marriage.” One Council member labeled the president’s pro-marriage beliefs “discriminatory political rhetoric,” and must not be allowed to make profits from the city’s airport. (Chick-fil-A restaurants have never been accused of actually discriminating against anyone.)

The national homosexual group Human Rights Campaign is already raising millions of dollars to fight religious freedom laws around the country.

And of course, there’s the upswing of left-wing hate and demonization of religious people. The day after Kim Davis was jailed, the Boston Globe prominently published an op-ed article titled “Kim Davis follows the footsteps of George Wallace” which states, among other things, that “Davis is just the latest in a long, infernal line of fanatics to contort their so-called faith into an excuse for hatred and division.” The Left’s hatred of religious people is visceral, and now it’s coming to the forefront.
 

Lots of hypocrisy

The jailing of Kim Davis by Judge Bunning, like most of the Left’s actions, has more than a whiff of hypocrisy. When San Francisco Mayor Gavin Newsom began illegally ordering county clerks to issue “gay marriage” licenses in 2004, or in 2009 when California clerks (and the Governor) ignored the Prop 8 ruling against issuing “gay marriage” licenses, no judge intervened at all. 
 

Cowards and compromisers

It pains us to say it, but for decades the pro-family movement has been crippled from gaining ground by cowards and compromisers, from top to bottom. Don’t get us started on what led to the disastrous the Supreme Court “gay marriage” ruling.  And it continues with the Kim Davis issue.

While Kim Davis sits in jail, five of her six deputy clerks shamelessly have agreed to abide by the judge’s wishes and started issuing “gay marriage” licenses. (The one holdout is her son.) According to news reports, starting the very next day they were issuing them quite cheerfully, even shaking the hands of the newly “married” homosexual couples.

A disturbing number of pro-family and church leaders across the country have sided with the Federal Judge, saying that Kim Davis should go to jail for “not following the law.”  (Actually there is no “law” on the books – it is only a court ruling. Nor could the judge cite such a law.) 

Even the National Review has published an article saying “[R]eligious-liberty protections cannot act as a bar to gay couples: If the law permits a U.S. citizen to get a license, there must be a way for the gay couple to access it, with their dignity intact."
Wonderful. What a lame movement we're in!
 

What can good people do?

We can certainly see what’s coming up. It’s a hardcore take-no-prisoners approach. We must react accordingly. What most of our movement has tried hasn’t worked and isn’t going to work.

MassResistance believes that their whole program must be confronted. Using what resources we have, we believe in taking the offensive. This means challenging that movement everywhere we can. First and foremost means not holding back on telling the unabashed truth, no matter what the consequences. (For example, most conservatives are squeamish about talking about the well-documented medical and psychological destructiveness of homosexual behavior.)

The LGBT movement wins when we become afraid to confront them. 

This article was originally published on the website of Mass Resistance and is re-published with permission.

Advertisement
Hillary Clinton
Shutterstock
Ben Johnson Ben Johnson Follow Ben

, ,

Obama and Hillary support Christian clerk’s arrest over gay ‘marriage’

Ben Johnson Ben Johnson Follow Ben
By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) -- The front runner for the Democratic presidential nomination believes that Kim Davis deserved to be jailed.

Shortly following Kim Davis' arrest on Thursday afternoon, Hillary Clinton retweeted a story about Davis' arrest for refusing to issue marriage licenses to homosexual couples, saying all elected officials "should be held to their duty to uphold the law - end of story."

The White House seconded that assessment. The punishment - jail time, rather than a fine - was "appropriate," White House spokesman Josh Earnest said during his daily press briefing on Thursday.

The Obama administration spokesperson went on to say that "the principle of the rule of law is central to our democracy."

Calls to imprison Christians who refuse to participate in same-sex "marriage" have intensified on the Left since the late June Supreme Court decision that imposed same-sex "marriage" on the nation.

As Davis was taken out of the federal court room to her jail cell, gay activists yelled, "Love won! Love won!"

Shortly after her arrest, opinion writer E.J. Montini wrote that Davis "was found in contempt of court and sent to jail. Good."

Their position could hardly contrast more sharply with those of some Republican presidential contenders.

Mike Huckabee is holding a #ImWithKim rally in Kentucky on Tuesday to support Davis, who remains in jail today.

Sen. Ted Cruz has said the arrest - which was ordered by a Republican-appointed federal judge - constituted "judicial tyranny."

Not all Republicans agree, though. Chris Christie said that he would demand that clerks participate in the public recognition of same-sex "marriage" regardless of their religious convictions. Lindsey Graham and Carly Fiorina have had similar sentiments.

Advertisement
Featured Image
Ben Johnson Ben Johnson Follow Ben

, ,

Ted Cruz: Kim Davis’ arrest is ‘tyranny’ intended to drive Christians from office

Ben Johnson Ben Johnson Follow Ben
By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) - The arrest of Kim Davis has sent shock waves throughout the nation - and a clear message: Christians have no place in the public square, according to Sen. Ted Cruz.

When the deeply religious clerk was hauled off to jail Thursday afternoon, "judicial lawlessness crossed into judicial tyranny," Cruz said.

Same-sex "marriage" was imposed on the nation by a 5-4 Supreme Court judgment authored by Justice Anthony Kennedy. The arrest of Kim Davis on "contempt of court" charges was ordered by U.S. District Court Judge David Bunning, a George W. Bush appointment who is the son of former moderate Republican senator and baseball great Jim Bunning of Kentucky.

"Those who are persecuting Kim Davis believe that Christians should not serve in public office," Cruz said.

His analysis is shared by former Sen. Rick Santorum. He warned, "More and more people of faith will face the penalties Ms. Davis is now encountering if we do not make the necessary accommodations so people can not just worship but live out their faith in their lives."

Santorum called for passing the First Amendment Defense Act to prevent scenes of clerks being arrested, florists being fined, and bakers being forced out of business.

"This is wrong. This is not America," said Cruz, who recently hosted a Rally for Religious Liberty that featured many of those whose businesses have suffered for following their faith on the issue of sexuality. "I stand with Kim Davis. Unequivocally."

"I stand with every American that the Obama administration is trying to force to choose between honoring his or her faith or complying with a lawless court opinion," Cruz said. “I call upon every believer, every Constitutionalist, every lover of liberty to stand with Kim Davis."

Former Arkansas Gov. Mike Huckabee will literally do that, as he hosts an #ImWithKim rally in Kentucky on Tuesday to support Davis.

Cruz joins other Republican presidential candidates who support the Kentucky Christian clerk.

"I think it's absurd to put someone in jail for exercising their religious liberty," Sen. Paul, R-KY, told CNN on Thursday afternoon. "I think it's a real mistake to be doing this."

Sen. Marco Rubio of Florida agreed, “There should be a way to protect the religious freedom and conscience rights of individuals working in the office.”

However, other candidates disagreed. Chris Christie said on Fox News Sunday that laws should be enforced against Christians who decline to participate in gay "marriages."

Sen. Lindsey Graham and Carly Fiorina similarly agree Davis should have issued the marriage licenses, regardless of her faith.

Democratic presidential candidate Hillary Clinton tweeted that laws should be enforced, as she shared a story of Davis' arrest on Twitter.

Advertisement

Customize your experience.

Login with Facebook