By A. Urti

November 11, 2005

In spite of the fact that Florida state law requires a physician to notify the parents or guardians of girls younger than 18 before performing an abortion, an appeals court has ruled that a 17-year-old can get an abortion without telling her parents.

As part of the law, there are certain specific criteria which would allow a girl to obtain a waiver from a judge. In this case, the girl was denied a waiver by Circuit Judge Ellen Masters' last month, who ruled she did not meet the criteria for a waiver.

In what is another case of judiciary trumps law, a majority of the three-judge panel in Lakeland, Florida, said that the girl has the maturity to decide whether to have an abortion or to decide if telling her parents would serve her best interests. Never mind that the law says otherwise.

The girl claims that her Catholic family would “adamantly oppose her decision [to abort the child]” and might kick her out of the house.

The law is no stranger to controversy. After being approved by 64.7 percent of voters on November 2, 2004, the Florida Supreme Court dismissed a motion filed by the ACLU and Planned Parenthood, which sought to strike down the law.

Sadly, American jurisprudence becomes more of a joke each time those entrusted to uphold laws determine that they will instead break them.  

Source List:

“Appeals court says Lakeland girl, 17, can have abortion without telling parents,” Sun-Sentinel, November 11, 2005.

http://www.sun-sentinel.com/news/local/southflorida/sfl-1111abortion,0,7295625.story?coll=sfla-home-headlines