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.

Share this article

Featured Image
Dustin Siggins Dustin Siggins Follow Dustin

Pelosi asked: Is unborn baby with human heart a ‘human being’? Responds: ‘I am a devout Catholic’

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

Tell Nancy Pelosi: No, supporting abortion and gay 'marriage' is not Catholic. Sign the petition. Click here.

WASHINGTON, D.C., October 2, 2015 (LifeSiteNews) -- Top Democrat Nancy Pelosi, D-CA, won't say whether an unborn child with a “human heart” and a “human liver” is a human being.

Pelosi, who is the Minority Leader in the House, was asked a question about the issue by CNS News at a press conference last week. The conservative news outlet asked, "In reference to funding for Planned Parenthood: Is an unborn baby with a human heart and a human liver a human being?”

Pelosi stumbled over her answer, saying, “Why don't you take your ideological questions--I don't, I don't have—”

CNS then asked her, "If it's not a human being, what species is it?”

It was then that Pelosi got back on stride, swatting aside the question with her accustomed reference to her “devout” Catholic faith.

“No, listen, I want to say something to you,” she said. “I don't know who you are and you're welcome to be here, freedom of this press. I am a devout practicing Catholic, a mother of five children. When my baby was born, my fifth child, my oldest child was six years old. I think I know more about this subject than you, with all due respect.”

“So it's not a human being, then?” pressed CNS, to which Pelosi said, “And I do not intend to respond to your questions, which have no basis in what public policy is that we do here.”

Pelosi has long used her self-proclaimed status as a “devout” practicing Catholic to promote abortion.

In response to a reporter’s question a proposed ban on late-term abortion in 2013, Pelosi said that the issue of late-term abortion is "sacred ground" for her.

"As a practicing and respectful Catholic, this is sacred ground to me when we talk about this," Pelosi said. "This shouldn't have anything to do with politics."

In 2008, she was asked by then-Meet the Press host David Gregory about when life begins. Pelosi said that "as an ardent, practicing Catholic, this is an issue I have studied for a long time. And what I know is that over the centuries, the doctors of the Church have not been able to make that definition....We don't know."

The Church has always taught that unborn human life is to be protected, and that such life is created at the moment of conception.

Featured Image
Ben Johnson Ben Johnson Follow Ben

New video: Planned Parenthood abortionist jokes about harvesting baby’s brains, getting ‘intact’ head

Ben Johnson Ben Johnson Follow Ben
By Ben Johnson

I interviewed my friend, David Daleiden, about his important work exposing Planned Parenthood's baby body parts trade on the Glenn Beck Program. David urged Congress to hold Planned Parenthood accountable and to demand the full truth. He also released never-before-seen footage showing a Planned Parenthood abortionist callously discussing how to obtain an intact brain from aborted babies.

Posted by Lila Rose on Monday, October 5, 2015


Sign the petition to defund Planned Parenthood here

WASHINGTON, D.C., October 5, 2015 (LifeSiteNews) - In the newest video footage released by the Center for Medical Progress, a Planned Parenthood abortionist laughs as she discusses her hope of removing the intact "calvarium," or skull, of an unborn baby while preserving both lobes of the brain.

She also describes how she first dismembers babies up to twenty weeks gestation, including two twenty-week babies she said she aborted the week before.

Dr. Amna Dermish, an abortionist with Planned Parenthood of Greater Texas, told undercover investigators she had never been able to remove the calivarium (skull) of an aborted child "intact," but she hopes to.

"Maybe next time," the investigator said.

"I know, right?" Dr. Dermish replied. "Well, this'll give me something to strive for."

Dermish, who performs abortions up to the 20-week legal limit in Austin, then described the method she used to collect fetal brain and skull specimens.

"If it’s a breech presentation [in which the baby is born feet first] I will remove the extremities first - the lower extremities - and then go for the spine," she began.

She then slides the baby down the birth canal until she can snip the spinal cord.

The buyer noted that intact organs fetch higher prices from potential buyers, who seek them for experimentation.

"I always try to keep the trunk intact," she said.

"I don't routinely convert to breech, but I will if I have to," she added.

Converting a child to the breech position is the first step of the partial birth abortion procedure. The procedure has been illegal since President Bush signed legislation in 2003 making it a federal felony punishable by two years in prison and a fine of $250,000.

According to CMP lead investigator David Daleiden, who debuted the video footage during an interview with Lila Rose on The Blaze TV, Dr. Dermish was trained by Planned Parenthood's senior director of medical services, Dr. Deborah Nucatola.

Dr. Nucatola was caught on the first CMP undercover video, discussing the side industry while eating a salad and drinking red wine during a business luncheon.

Between sips, she described an abortion process that legal experts believe is a partial birth abortion, violating federal law.

“The federal abortion ban is a law, and laws are up to interpretation,” Dr. Nucatola said on the undercover footage. “So, if I say on day one that I don't intend to do this, what ultimately happens doesn't matter.”

Daleiden told Rose he hoped that Congressional investigators would continue to pressure the organization about whether the abortion technique it uses violates federal law, as well as the $60-per-specimen fee the national organization has admitted some of its affiliates receive.

Trafficking in human body parts for "valuable consideration" is also a federal felony carrying a penalty of up to 10 years in prison and a $500,000 fine.

"That would be enough to construct a criminal case against Planned Parenthood," Daleiden said.

Share this article

Featured Image
Nancy Flanders


He used to be an abortionist; now, he fights to save the lives of the preborn

Nancy Flanders
By Nancy Flanders

October 5, 2015 (LiveActionNews) -- In 1976, Dr. Anthony Levatino, an OB/GYN, graduated from medical school and was, without a doubt, pro-abortion. He strongly supported abortion “rights” and believed abortion was a decision to be made between a woman and her doctor.

“A lot of people identify themselves as pro-life or pro-choice, but for so many people, it doesn’t really touch them personally; it doesn’t impact their lives in the way that I wish it would. If nothing more than in the voting booth, if nowhere else,” said Levatino in a speech for the Pro-Life Action League. “But when you’re an obstetrician / gynecologist and you say I’m pro-choice – well, that becomes rather a more personal thing because you’re the one who does the abortions and you have to make the decision of whether you’ll do that or not.”

Levatino learned how to do first and second trimester abortions. Thirty to forty years ago, second trimester abortions were done by saline injection, which was dangerous.

"For the first time in my life, after all those years, all those abortions, I really looked, I mean I really looked at that pile of goo on the side of the table that used to be somebody’s son or daughter and that’s all I could see."

At that same time, Levatino and his wife were struggling with fertility problems and were considering adoption. They knew however, how difficult it was to adopt a newborn.

“It was the first time that I had any doubts about what I was doing because I knew very well that part of the reason why it’s difficult to find children to adopt were that doctors like me were killing them in abortions,” said Levatino.

Finally, in 1978, the couple adopted their daughter, Heather. Right after the adoption, they discovered they were expecting a baby, and their son was born just 10 months later.

Levatino describes a “perfectly happy” life at this time and says that despite those first qualms about abortion, he went right back to work performing them.

In 1981, after graduating from his residency, Levatino joined an OB/GYN practice which also offered abortions as a service. Saline infusion was the most common method for second trimester abortions at the time, but it ran the risk of babies born alive. The procedures were also expensive, difficult, and required the mother to go through labor. Levatino and his partners trained themselves to perform the D&E abortion procedure, which is used today.

In his speech, he describes what it’s like to perform the now routine procedure:

You take an instrument like this called a sopher clamp and you basically – the surgery is that you literally tear a child to pieces. The suction is only for the fluid. The rest of it is literally dismembering a child piece by piece with an abortion instrument […] absolutely gut-wrenching procedure.

Over the next four years, Levatino would perform 1,200 abortions, over 100 of them D&E, second trimester abortions.

But then everything changed. On a beautiful day in June of 1984, the family was at home enjoying time with friends when Levatino heard tires squeal. The children were in the street and Heather had been hit by a car.

“She was a mess,” he explained. “And we did everything we possibly could. But she ultimately died, literally in our arms, on the way to the hospital that evening.”

After a while, Levatino had to return to work. And one day, his first D&E since the accident was on his schedule. He wasn’t really thinking about it or concerned. To him, it was going to be a routine procedure he had done many times before. Only it wasn’t.

“I started that abortion and I took that sopher clamp and I literally ripped out an arm or a leg and I just stared at it in the clamp. And I got sick,” he explained. “But you know something, when you start an abortion you can’t stop. If you don’t get all the pieces – and you literally stack them up on the side of the table […] your patient is going to come back infected, bleeding or dead. So I soldiered on and I finished that abortion.”

But by the time the abortion was complete, Levatino was beginning to feel a change of heart:

For the first time in my life, after all those years, all those abortions, I really looked, I mean I really looked at that pile of goo on the side of the table that used to be somebody’s son or daughter and that’s all I could see. I couldn’t see what a great doctor I was being. I didn’t see how I helped this woman in her crisis. I didn’t see the 600 dollars cash I had just made in 15 minutes. All I could see was somebody’s son or daughter. And after losing my daughter this was looking very, very different to me.

Levatino stopped performing second trimester abortions but continued to provide first trimester abortions for the next few months.

“Everybody puts doctors on a pedestal and we’re all supposed to be so smart but we’re no different than anybody else,” he said.

Click "like" if you are PRO-LIFE!

He realized that killing a baby at 20 weeks gestation was exactly the same as killing one at nine weeks gestation or even two weeks gestation. He understood that it doesn’t matter how big or small the baby is, it’s a human life. He has not done an abortion since February 1985 and says there is no chance he will ever perform one again.

Adamant that he would never join the pro-life movement because of the media’s portrayal of pro-lifers as crazy, he was eventually invited to a pro-life potluck dinner where he met people who he realized were intelligent volunteers who spent their time defending preborn humans.

After that, Levatino began speaking out against abortion specifically with young people, graphically describing for them what an abortion really is.

Levatino has also testified before Congress, asking our government to end legal abortion.

Reprinted with permission from Live Action News

Share this article


Customize your experience.

Login with Facebook