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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Fr. Mark Hodges

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NY court lets woman refuse vaccine made with aborted baby tissue

Fr. Mark Hodges
By Fr. Mark Hodges

NEW YORK, September 3, 2015 (LifeSiteNews) – An Orthodox Christian woman has won the right to refuse a vaccine developed using aborted babies' tissue, based on her religious beliefs.

The vaccine is for measles/mumps/rubella and is required by New York City law for all schoolchildren. It was developed from fetal tissue procured from abortions, hence the moral dilemma for practicing Christians.

The woman, who remains anonymous, said her Christian beliefs against abortion compel her to have nothing to do with vaccines made using aborted fetal tissue.

"Abortion is clearly a mortal sin and is [an] abhorrent act to any Christian," the New York mom said in her petition for exemption, according to the New York Post. "The vaccine manufacturers' use of aborted fetal cells in its products and research means that I cannot associate with them or support them financially (by buying their products), for such support would make me complicit to their sin."

New York State Department of Education Commissioner Mary Ellen Elia concluded in the woman's favor, explaining, "The weight of the evidence supports petitioner's contentions that her opposition to the MMR vaccine stems from sincerely held religious beliefs."

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Christianity has always opposed abortion, from the time of the New Testament.  The Bible teaches that from conception, the womb holds a human person, calling pregnancy "to be with child" (Isaiah 7:14). Many biblical individuals are explicitly described as called or known from the womb, such as Jeremiah (Jeremiah 1:4-5), Isaiah (Isaiah 44:2;  49:1), Job (Job 10:8-12), Paul (Gal. 1:15), and John the Baptist (Lk. 1:15). The New Testament also condemns abortifacients (Galatians 5:20;  Revelation 9:21, 18:23, 21:8, 22:15).

Other early Church documents condemning abortion include the Didache, the Epistle of Barnabas, the Epistle to Diognetus, the Apocalypse of Peter, St. Athenagoras's writings, the letters of St. Clement of Alexandria, the Apostolic Constitutions, Tertullian, Hippolytus's Apostolic Traditions. Additionally, every early Church council says likewise. 

Every ancient Christian leader unequivocally wrote that abortion, without exception, is against Christian belief and practice. Those who wrote extensively on the topic include St. Basil the Great, St. John Chrysostom, St. Jerome, St. Ambrose of Milan, St. Gregory of Nyssa, St. Augustine, St. John the Faster, and the sixth worldwide Great Ecumenical Council (691).

This conviction continues to the present day. The Congress of the Greek Archdiocese of North and South America stated, "The Orthodox Church has a definite, formal, and intended attitude toward abortion. It condemns all procedures purporting to abort the embryo or fetus, whether by surgical or medical means. The Orthodox Church brands abortion as murder, that is, the premeditated termination of the life of a human being.  Decisions of the Supreme Court and state legislatures by which abortion is allowed, with or without restrictions, should be viewed by practicing Christians as an affront to their beliefs in the sanctity of life."

Thus, New York admitted that the woman's beliefs were in line with her religion.  Nevertheless, pro-abortionists say the First Amendment's assurance of the free exercise of religion should not include parents choosing whether to vaccinate their children.

Pro-abortionists sharply criticized the decision. "If we allow people to opt-out of vaccination, it puts other people's children at risk," says Sharon Levin of the pro-abortion National Women's Law Center.  "I think this decision is just one can in a crate of a can of worms that have been opened since the Hobby Lobby decision."

Levin was referring to Hobby Lobby's legal attempt to opt out of Obamacare's mandatory abortion/sterilization/contraception coverage, which violated the family-owned and operated corporation's religious convictions.

Yahoo Health writer Jennifer Gerson Uffalussy reports that undercover Planned Parenthood videos "have pushed questions regarding fetal tissue-based biomedical research to the forefront."

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Sen. Rand Paul, R-KY, speaking at the 2013 Conservative Political Action Conference in National Harbor, Maryland. Gage Skidmore / Flickr
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‘It’s absurd’: Rand Paul blasts Kim Davis’ jailing over gay ‘marriage’

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By Ben Johnson

ASHLAND, KY, September 3, 2015 (LifeSiteNews) - Rowan County Clerk Kim Davis has been arrested and taken to jail for refusing to issue marriage licenses to same-sex couples this afternoon. After repeatedly refusing to give such a license to gays and lesbians, a federal judge found her in contempt of court and sentenced her to jail time rather than assessing a fine. 

As she was escorted out of the courtroom to jail, homosexuals began chanting, "Love won! Love won!" 

As the scene played out, her U.S. senator, Republican presidential hopeful Rand Paul, said the decision was unwarranted, violated religious liberty, and would further polarize the country on the issue of same-sex "marriage."

"I think it's absurd to put someone in jail for exercising their religious liberty," Sen. Paul, R-KY, told CNN. "If you want to convince people that same-sex 'marriage' is something that's acceptable I would say try to persuade people" instead of using state force.

He also warned such heavy-handed tactics would backfire on LGBT activists. "If we're going to use the federal government, and we're going to get involved in every state and locality, you know what's going to happen? It's going to harden people's resolve on this issue," Paul added. "There's going to be no open-mindedness on this."

"I think it's a real mistake to be doing this," he said.

He said if state force continued to be exerted against Christian believers, "I think what's going to happen as a result of this is states and localities are just going to opt out of the marriage business completely."  

U.S. District Court Judge David Bunning - a George W. Bush appointee and the son of former moderate Republican Senator Jim Bunning of Kentucky - had ordered Davis to issue marriage licenses to homosexual couples but was repeatedly rebuffed.

"The court cannot condone the willful disobedience of its lawfully issued order," Judge Bunning said in issuing the arrest order. "If you give people the opportunity to choose which orders they follow, that's what potentially causes problems."

Bunning ordered Davis imprisoned, rather than imposing a fine, because he said her fellow believers would take up a collection and pay her fine. 

Similar tactics were applied when Christians who refused to participate in same-sex "marriages" tried to raise funds via crowdfunding platforms.

Paul's rivals for the 2016 Republican nomination - Mike Huckabee, Bobby Jindal, and Marco Rubio - have also voiced their support for the now-incarcerated Davis. 

"We should seek a balance between government's responsibility to abide by the laws of our republic and allowing people to stand by their religious convictions," Rubio said yesterday. "There should be a way to protect the religious freedom and conscience rights of individuals working in the office."

But her opponents say they demand nothing unreasonable of her. ACLU attorney Heather Weaver said, "Its not making someone a martyr to ask someone to do their job and follow the law."

Republican presidential candidates Chris Christie, Lindsey Graham, and Carly Fiorina have agreed that clerks who have deeply held religious beliefs must enforce the law. Christie underscored his resistance to finding any accommodation for public officials.

The prospect of jail does not frighten Davis, a born again Christian, who says iron bars cannot separate her from the Savior Who dwells in her heart, nor does prison compare to the punishment that she believes awaits should she participate in legitimizing sin.

"I've weighed the cost and I'm prepared to go to jail," Davis told Fox News yesterday. "This is a Heaven-or-Hell issue for me and for every other Christian that believes. This is a fight worth fighting."

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Hundreds of thousands of people join the 'Manif pour tous' march in Paris supporting natural family in 2014.
Gabriele Kuby

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Alarmed report details Sexual Left’s agenda to defeat surging European family movement

Gabriele Kuby
By Gabriele Kuby

September 3, 2015 (LifeSiteNews) -- The world-wide operating Friedrich-Ebert-Stiftung (FES) is the intellectual activist centre of the Social Democratic Party (SPD) which presently governs Germany in a coalition with the Christian Democratic Party under Chancellor Angela Merkel. As their publications and conferences reflect, the FES pushes for same-sex “marriage,“ reproductive rights, biotechnology, sexual diversity, gender equality, and sexual education. It also publishes reports with the intention of “naming and shaming” individuals, organizations, parties, and networks which work on behalf of life and the family.

The FES’s latest publication takes an international approach, describing anti-gender activists and actions in France, Germany, Hungary, Poland, and Slovakia. Titled Gender as Symbolic Glue: The position and role of conservative and far-right parties in the anti-gender mobilizations in Europethe report was published by something called the Foundation for European Progressive Studies – “with the financial support of the European Parliament” and the Budapest branch of the FES.

The authors are alarmed over the growing resistance to ‘gender politics’ seen at the grass-roots level (e.g. La Manif pour tous movement in France and Demo für alle in Germany) and expressed in referendums held in several countries across Europe. In addition, they cite the opposition of political parties at the local and European levels, and the ‘anti-gender’ declarations of Bishop’s Conferences. What is seen as a dangerous development by the sexual left is really a testimony to the success of the pro-life and pro-family movement in Europe. The authors say:

Anti-gender movements want to claim that gender equality is an ‘ideology’, and introduce the misleading terms ‘gender ideology’ or ‘gender theory’ which distort the achievements of gender equality … This phenomenon has negative consequences for the legislation on gender equality.

The Symbolic Glue report then provides “policy recommendations for the progressive side to stand up against fundamentalist political activism.”

The individual country reports on the “reactionary backlash” against gender politics in France, Germany, Hungary, Poland, and Slovakia give a good overview of the situation in each country and the positions of the conservative and right-wing parties. In contrast to previous publications from the Friedrich-Ebert-Stiftung, which tried to defame and stigmatize conservative individuals as right-wing radicals, bigots, and family-fundamentalists, the Symbolic Glue report largely refrains from such slanderous language. In fact, the authors sound worried that conservative activists are acquiring dominance in public debates, and are influencing party politics and legislation by: 

  • coining the terms “gender-ideology” and “genderism”;
  • giving “scientific” evidence against “gender ideology”;
  • mobilizing at the grass-roots level through “fear-managing language”;
  • making use of “authoritarian themes” such as the polemic against the French schoolbook Tous à poil (All naked);
  • creating “moral panic” that “allows socialist officials to be accused of … jeopardising the future of society”;
  • re-articulating “parent-power” or parental involvement in “promoting the parents as actors of the restoration of authority and traditional values at school”;
  • the “gradual subordination of educational institutions to Christian conservative worldview, carried out by local authorities in cooperation with the Catholic Church and religion-based organisations”;
  • utilizing “hate-speech towards Gender Studies” (as an academic subject) and relying on “freedom fighter rhetoric”;
  • pointing to the EU as a “cultural coloniser”;
  • leading successful constitutional referendums for defining marriage as the union of one man and one woman.

Symbolic Glue also analyses the deficiencies of the sexual left. It is difficult to say whether this self-critical stance is a tactical device to arouse sympathy and motivate people to engage in the anti-anti-gender battle, or whether it is really dawning on the authors that anti-gender movements can have “grave consequences not only to women’s and LGBT rights but to the emancipatory promise of the Left altogether.”

The sexual left, according to the authors’ own evaluation, seems to be missing ‘symbolic glue’. They see:

  • “difficulties of building an ideological response to conservatives”;
  • “lack of public campaign against the anti-gender discourse”;
  • “the inability to articulate a progressive agenda in the concrete experience of “ordinary people”;
  • the counter-reactions of leftist parties to the anti-gender mobilisation being “one step behind those of extra-parliamentary forces”.

The ultimate intention of the authors is to cure “progressives” of these deficiencies. But it is good that they also let conservatives know how they want to achieve this. 

Indeed, it is difficult to convince “ordinary people” of the notion of gender theory, and that the traditional identity of man and woman are restrictions on human freedom that must be overcome by voluntarily choosing one’s gender identity according to one’s feelings. Since the authors supply no definition for the concept of gender identity, we have to refer to the Preamble of The Yogyakarta Principlessince it is one of the rare places where a definition is given:

‘Gender identity’ … [refers] to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.

The solution to the incompatibility of gender theory with common sense – rooted in nature – is apparently to drop the concept of gender entirely. "Using the concept of gender as a technical category in the long run can be more self-destructive than useful while encountering this new political challenge." The progressives intend to move away from a “framework of identity politics” and reclaim the “real leftist values, using the language of solidarity” by “creating a counter-language, which reflects the emotional-fear language of the rightists.” Furthermore, “Instead of putting the emphasis on ‘human nature’ or ‘traditional values’, progressive actors have to take advantage of other aspects of ‘common sense’:  us/them distribution of power and wealth. Defining political antagonism is a pathway to hegemony.” The authors recognize that the opposition is composed of hard to control grass-roots movements and, therefore, advise progressive actors and left-wing parties to “strongly connect to grassroots [sic] organisations, local and individual initiatives.”

Furthermore, the public is to be provided “with concrete information about gender studies and policies through academic conferences, articles and statements from gender experts.” But in addition to conferences and a public dialogue between feminists and Catholics in order to “ridicule the anti-gender campaign”, an “e-learning course on … gender equality”, developed in Slovakia, is recommended as “best practice”, targeting administration staff, students, and the general public.

The authors of the Symbolic Glue report also sound somewhat startled to see a “paradigm change in science as we know it.” They describe the science they know as the “post-modern turn of modernity … where science became a moral and normative category acknowledging the positionality of the knower. This approach also questions the subject-object division and brings in new symbols, new myths and redefinitions.”

It is worth noting that with the exception of Andrea Petö who wrote the Epilogue, the report’s authors are all young women who belong to the “millennial” generation born around 1980. Several of them are in the process of obtaining a Ph.D., so their academic formation took place during the last ten years. This is precisely the period during which “gender studies” was established as an academic subject at the universities. (In German-speaking countries there are more than 200 professors for “gender” or “queer studies”, nearly all of them women.) “Gender studies” was and is a wide open door for female careers and a booming market for jobs.

These young women only know a “science” which is subordinated to the aim of effecting a political change in society – and academics is seen as an instrument for serving the cause of feminist and LGBT-interests. This so-called “science” has completely severed the academic commitment to the search for truth – which is – or was – the moving force behind the unfolding of European culture.

In general, Gender as symbolic glue, which was published by a foundation with a certain scientific claim, does not show the slightest intention of dealing with arguments on their merit; it just wants to pillory the enemy. Twenty-three individuals – perceived as enemies of the sexual left – are presented in an “Index” at the end of the book. (Wasn’t there an aversion to Catholic “indices” among enlightened liberals?)

In the end, the report says more about the weaknesses of the gender identity movement than about its opponents. The young authors must feel that their ‘intellectual house’ is built on sand, otherwise they wouldn’t express such worried dismay over the opposition they are facing. After all, international institutions like the UN and the EU – with their sub-agencies like the Fundamental Rights Agency and European Institute for Gender Equality – and national governments, with the superpower U.S. leading the way, as well as global corporations like Apple, Microsoft, and Facebook, and global NGOs like IPPF and ILGA, to name but a few, all with billions of dollars at their disposal, are on the side of the gender identity activists in this cultural war.

So why are these young women worried about the opposition of twenty-three people and a few comparatively tiny organisations with extremely small budgets? The answer is simple: Because they feel that the truth is on their side.

Gabriele Kuby is a sociologist, international speaker, and author of Die Gender-Revolution – Relativismus in Aktion, 2006, and Die globale sexuelle Revolution – Zerstörung der Freiheit im Namen der Freiheit, 2012. Both books have been translated into several languages and are referred to in the Symbolic Glue report. Die globale sexuelle Revolution will be published in the U.S. by Angelico Press in the fall of 2015.

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