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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Dustin Siggins Dustin Siggins Follow Dustin

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Clinton: US needs to help refugee rape victims… by funding their abortions

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

CLINTON, Iowa, November 25, 2015 (LifeSiteNews) – Leading Democratic presidential candidate Hillary Clinton said on Sunday that U.S. taxpayers should be on the hook for abortions for refugees impregnated through rape.

"I do think we have to take a look at this for conflict zones," Clinton said at an Iowa town hall, according to CNN. "And if the United States government, because of very strong feelings against it, maintains our prohibition, then we are going to have to work through non-profit groups and work with other counties to ... provide the support and medical care that a lot of these women need."

Clinton also said that "systematic use of rape as a tool of war and subjection is one that has been around from the beginning of history" but that it has become "even more used by a lot of the most vicious militias and insurgent groups and terrorist groups."

The prohibition referenced by Clinton – and named by the woman who asked Clinton about pregnant refugees – is known as the Helms Amendment. Made into law in 1973, it prevents U.S. foreign aid funds from being used for abortion.

Abortion supporters have urged the Obama administration to unilaterally change its interpretation of the amendment to allow exceptions for pregnancies resulting from rape and incest, and if the mother's life is in danger. They argue that because the law specifically states that "[n]o foreign assistance funds may be used to pay for the performance of abortion as a method of family planning," women who are raped should be excepted.

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In August, 81 Democrats signed a letter to President Obama that urged this course of action. CNN reported that while Clinton didn't call for the Helms Amendment to be changed or re-interpreted, she did support other actions to increase women's access to abortion facilities.

If the United States "can't help them [to get an abortion], then we have to help them in every other way and to get other people to at least provide the options" to women raped in conflict, she said.

"They will be total outcasts if they have the child of a terrorist or the child of a militia member," according to Clinton. "Their families won't take them, their communities won't take them."

A study of women who bore their rape-conceived children during the Rwanda genocide found that "motherhood played a positive role for many women, often providing a reason to live again after the genocide."

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Cardinal George Pell Patrick Craine / LifeSiteNews
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Cardinal Pell bets against the odds: insists Pope Francis will strongly reaffirm Catholic tradition

Andrew Guernsey
By Andrew Guernsey


ROME, November 25, 2015 (LifeSiteNews) -- Contradicting the statements of some of the pope’s closest advisors, the Vatican’s financial chief Cardinal George Pell has declared that Pope Francis will re-assert and “clarify” longstanding Church teaching and discipline that prohibits Communion for the divorced and civilly remarried in public adultery without sacramental confession and amendment of life.

In a homily on Monday, Pell stressed the importance of fidelity to the pope, especially today as “we continue to look also to the successor of St. Peter as that guarantee of unity in doctrine and practice.”

Pell was offering Mass at the Basilica of San Clemente in Rome on the feast of Pope St. Clement I, notable in history for being one of the first popes to exert Roman papal primacy to correct the errors in the doctrine and abuses in discipline which other bishops were allowing.

Turning to address the issues at the Synod on the Family, Pell rebuked those who “wanted to say of the recent Synod, that the Church is confused and confusing in her teaching on the question of marriage,” and he insisted that the Church will always remain faithful to “Jesus’ own teaching about adultery and divorce” and “St. Paul’s teaching on the proper dispositions to receive communion.” Pell argues that the possibility of Communion for those in adultery is “not even mentioned in the Synod document.”

Pell asserted that Pope Francis is preparing “to clarify for the faithful what it means to follow the Lord…in His Church in our World.” He said, “We now await the Holy Father’s apostolic exhortation, which will express again the Church’s essential tradition and emphasize that the appeal to discernment and the internal forum can only be used to understand better God’s will as taught in the scriptures and by the magisterium and can never be used to disregard, distort or refute established Church teaching.”

STORY: Vatican Chief of Sacraments: No pope can change divine law on Communion

The final document of the synod talks about the “internal forum” in paragraphs 84-86, refers to private discussions between a parish priest and a member of the faithful, to educate and form their consciences and to determine the “possibility of fuller participation in the life of the Church,” based on their individual circumstances and Church teaching. The selective quoting of John Paul II’s Familiaris Consortio that omitted his statement ruling out the possibility of Communion for those in public adultery has given liberals hope that this “fuller participation” could include reception of Communion.

Pell’s prediction that the pope will side with the orthodox side of this controversy lends two explanations. On one reading, Pell is uncertain what the pope will do in his post-synodal exhortation, but he is using such firm language as a way of warning the pope that he must clearly uphold Church teaching and practice, or else he would risk falling into heresy at worst or grave negligence at best in upholding the unity of the Church.

On another reading, Pell may have inside information, even perhaps from the pope himself, that he will uphold Church teaching and practice on Communion for those in public adultery, that the pope’s regular confidants apparently do not have.

This hypothesis, however, is problematic in that just last week, Pope Francis suggested that Lutherans may “go forward” to receive Holy Communion, contrary to canon law, if they come to a decision on their own, which suggests agreement with the reformers’ line of argument about “conscience.” And earlier last month, the pope granted an interview to his friend Eugenio Scalfari, who quoted the pope as promising to allow those in adultery back to Communion without amendment of life, even though the Vatican refused to confirm the authenticity of the quote since Scalfari does not use notes.

If Pell actually knew for certain what the pope would do, it would also seem to put Pell’s knowledge above that of Cardinal Robert Sarah, who in what could be a warning to Pope Francis, declared last week in no uncertain terms that “Not even a pope can dispense from such a divine law” as the prohibition of public adulterers from Holy Communion.

STORY: Papal confidant signals Pope Francis will allow Communion for the ‘remarried’

Several members of the pope’s inner circle have said publicly that the controversial paragraphs 84-86 of the Synod final document have opened the door for the Holy Father to allow Communion in these cases if he so decides. Fr. Antonio Spadaro, SJ, a close friend of Pope Francis and the editor of La Civita Catholica, a prominent Jesuit journal in Rome reviewed by the Vatican Secretariat of State, wrote this week that the internal forum solution for the divorced in adultery is a viable one:

The Ordinary Synod has thus laid the bases for access to the sacraments [for the divorced and civilly remarried], opening a door that had remained closed in the preceding Synod. It was not even possible, one year ago, to find a clear majority with reference to the debate on this topic, but that is what happened in 2015. We are therefore entitled to speak of a new step.

Spadaro’s predictions and interpretation of the Synod are consistent with the public statements of liberal prelates, some of whom are close confidantes to Pope Francis, including Cardinal Schönborn, Cardinal Wuerl, Cardinal Kasper, Cardinal Nichols, and the head of the Jesuit order, Fr. Nicolás. Fr. Nicolás, in particular, first confirmed that there would be an apostolic exhortation of the pope, and said of Communion for those in public adultery:

The Pope’s recommendation is not to make theories, such as not lumping the divorced and remarried together, because priests have to make a judgment on a case by case and see the situation, the circumstances, what happens, and depending on this decision one thing or the other. There are no general theories which translate into an iron discipline required at all. The fruit of discernment means that you study each case and try to find merciful ways out.

Although in the best analysis, Pell’s prediction about what Pope Francis may do in his post-synodal apostolic exhortation remains just that-- a prediction—he is drawing a line in the sand that if the pope chooses to cross, would bring the barque of Peter into uncharted waters, where the danger of shipwreck is a very real threat.


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Lianne Laurence


Jennifer Lawrence just smeared traditional Christians in the worst way

Lianne Laurence
By Lianne Laurence

November 25, 2015 (LifeSiteNews) – It’s no surprise that yet another Hollywood star is mouthing the usual liberal platitudes, but the fact that this time around it’s Jennifer Lawrence, a mega-star and lead in blockbuster series Hunger Games, brings a particular sting of disappointment.

That’s because the 25-year-old, effervescent and immensely talented star often comes across not only as very likable, but also as someone capable of independent thought.

But apparently not.

Or at least not when it comes to Kim Davis, the Kentucky clerk famously thrown in jail for refusing to obey a judge’s order that she sign marriage licenses for homosexual couples.

Davis, Lawrence tells Vogue in its November issue, is that “lady who makes me embarrassed to be from Kentucky.”

“Don’t even say her name in this house,” the actress told Vogue writer Jonathan van Meter in an interview that happened to take place the day after Davis was released from her five-day stint in jail.

Lawrence then went on a “rant” about “all those people holding their crucifixes, which may as well be pitchforks, thinking they’re fighting the good fight.”

RELATED STORY: Wrong, Jennifer Lawrence! Real men don’t need porn, and women don’t need to give it to them

She was brought up Republican, she told van Meter, “but I just can’t imagine supporting a party that doesn’t support women’s basic rights. It’s 2015 and gay people can get married and we think that we’ve come so far, so, yay! But have we? I don’t want to stay quiet about that stuff.”

After conjuring up images of Christians as bug-eyed hillbillies on a witchhunt with her reference to “crucifixes as pitchforks,” Lawrence added darkly: “I grew up in Kentucky. I know how they are.”

Perhaps one should infer that it’s lucky for Lawrence she escaped to Los Angeles and its enlightened culture. That hallowed place where, according to van Meter, Kris Jenner (former spouse of Bruce Jenner, who infamously declared himself a woman) brought Lawrence a cake for her birthday that was shaped like excrement and inscribed: “Happy birthday, you piece of sh*t!”

Lawrence is reportedly now Hollywood’s most highly paid actress. Not only is she the star of the hugely popular and lucrative Hunger Games franchise -- the last installment of which, Mockingjay, Part 2 opened November 20 -- but she won an Oscar for Silver Linings Playbook and starred in several others since her breakout role in the 2010 moving and moody indie film, Winter’s Bone.

Lawrence has every right to express her opinion, although no doubt it will be given more weight than it deserves. It is unfortunate, however, that she’s chosen to wield her fame, shall we say, as a pitchfork against Christian moral truths.



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