Family Law Prof Blog

Woman Denied Abortion Takes Poland to European Court of Human Rights

"When Tysiac, who suffers from an acute eye disease, found she was pregnant for a third time in 2000, she was told by a doctor that the pregnancy, if carried to term, could leave her blind. She asked for an abortion but approval was delayed until she had passed the 12-week limit for the procedure. After the birth of her third child, Tysiac's eyesight degenerated until she was almost totally blind, unable to care for her children. Now 36, she is registered as disabled.

Tysiac has taken Poland to the European Court of Human Rights saying her rights were violated. But even as she fights her case, a movement within overwhelmingly Roman Catholic Poland wants to make having an abortion more difficult." By Gabriela Baczynska, Reuters Link to Article (last visited 12-13-06 NVS)

Arguments on Federal "Partial Birth" Abortion Ban

"Two hours of oral argument on a federal "partial birth" abortion ban at the Supreme Court yesterday showed that the justices are intensely focused on the procedure's medical details and health implications -- but produced few clues as to how they might rule. As expected, the court's four most liberal members, Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer, sounded skeptical about the statute. Of the court's conservatives, only Chief Justice John G. Roberts Jr. said much at all, asking questions that implied the law should be upheld. That left plenty of time for Justice Anthony M. Kennedy, whom both sides in the case consider the likely swing vote, to listen to the lawyers and air his concerns -- though he did not tip his hand."By Charles Lane, Washington Post Link to Article (last visited 11-8-06 NVS)

Roberts Court to Hear Abortion Case

"The morning after the closely fought midterm elections, the U.S. Supreme Court will hear its first major abortion case in six years. The hot-button issue has been debated for years among social and religious activists, voters and judges themselves. At issue in Wednesday's arguments is the constitutionality of a federal law banning a specific late-term procedure its critics call "partial-birth" abortion." By Bill Mears, CNN.com Link to Article (last visited 11-5-06 NVS)

Nicaragua Criminalizes All Abortions

Editorial from N.Y. Times: "The rights and safety of Nicaragua’s women took a giant step backward last week when the country’s legislature passed a law criminalizing all abortions, with no exceptions. The previous law permitted an abortion if the mother’s life was in danger. Latin America has the world’s strictest laws on abortion. But that does not discourage it. Latin America also has the world’s highest abortion rates, averaging nearly one per woman over the course of her reproductive lifetime." By N.Y. Times Link to Article (last visited 10-30-06 NVS)

Supreme Court rejects review of Doe v. Bolton

The Supreme Court on Tuesday turned aside the case of Sandra Cano, one of the women behind the 1973 high court decision legalizing abortion, who had sought to reverse the ruling.  Cano said she never wanted an abortion and that her difficult early life resulted in her becoming the anonymous plaintiff in Doe v. Bolton, the lesser-known case that the justices ruled on the same day as the landmark Roe v. Wade.

Read news reports on the court's decision from Fox News (last visited October 11, 2006 bgf)

House Passes Legislation on Interstate Abortion Notification

Yesterday the House of Representatives passed the Child Custody Protection Act (S. 403) by a margin of 264-153. Last year the House passed a version of this bill called the Child Interstate Abortion Notification Act (H.R. 748). The Senate passed the Child Custody Protection Act (S. 403) in July, but Senate Democrat leadership blocked it from moving to conference.

For dueling press releases on the legislation from the US Newswire see the statement of Family Research Council President Tony Perkins and that of the National Abortion Federation (last visited September 27, 2006 bgf)

Case Law Development: 10th Circuit Court Rejects Challenge to Oklahoma Parental Notification Statute

In an action by medical providers to enjoin the state attorney general and others from enforcing an Oklahoma statute requiring parental notification before a minor could receive an abortion, the 10th Circuit Court of Appeals affirmed the district court's denial of the motion for the preliminary injunctive relief.  Plaintiff had argued that the judicial bypass provision of the statute could not be decided with sufficient expedition.  However, the court rejected this argument because the statute expressly requires prompt and expedited decisions and because plaintiff did not prove that state courts were unable to meet this requirement. 

In most actions for interlocutory injunctions, the 10th circuit applies a liberal standard on the likelihood of success standard in most instances, allowing for injunctions were serious harm is threatened so long as there is a "fair ground for litigation."  However, when injunctions are sought against the goverment, the plaintiff must prove the more stringent standard of a probability of success on the merits.  Here, the court concluded the plaintiff was unable to meet that burden. 

The court did comment that if there were evidence of the delay alleged by plaintiff, the court would have "serious concerns about the constitutionality of the bypass procedures."  However, absent proof of delay, the court concluded that

in the absence of evidence to the contrary, we must presume that courts will follow the law. ...The Oklahoma Act, on its face, complies with Bellotti in that it requires Oklahoma courts to issue prompt decisions and provide for expeditious appeals, all in accordance with the best interests of the pregnant unemancipated minor. We presume they will do just that.

Nova Health Sys. v. Edmondson, 2006 U.S. App. LEXIS 21706 (10th Cir. Ct. App. August 25, 2006)
Opinion on web (last visited August 29, 2006 bgf)

Chinese Lawyers Attempting to Aid Anti-Abortion Activist Roughed Up and Harassed

It is reported that Chinese lawyers attempting to help a detained anti-abortion activist were roughed up and harassed when they travelled to the coastal provice of Shandong to visit him. One lawyer was detained by the police when he tried to visit the activist. When a second group of three lawyers attempted to visit the activist, they were reportedly beaten by men who emerged from an unmarked car. The lawyers called emergency numbers hoping for help, but instead the police took them in for questioning.  They were later released, however, when two of them attempted to visit the activist’s village, they were again harrassed and forced to retreat.  Source. Thepeninsularqatar.com. For the complete story, please click here (last visited June 25, 2006, reo).

English Doctors May Call for Early-Stage Abortion to Require only One Medical Opinion

This week English Doctors will most likely vote on two motions being made at the Medical Association’s annual representative meeting that would make it simpler for women in early stages of pregnancy to seek an abortion. Current UK law requires that two doctors must agree before termination can take place, except in emergencies.  It is being proposed that doctors support a new law that would require only one doctor’s signature in the first trimester of pregnancy. Source. Judith Duffy, Sunday Herald, sundayherald.com. For the complete story, please click here (last visited June 25, 2006, reo).

Supreme Court Agrees to Hear Second Abortion Case

On Monday the Supreme Court agreed to hear a government appeal that seeks to reinstate a federal ban on what opponents call partial-birth abortion in the case of Gonzales v. Planned Parenthood. The Court is now set to hear two partial birth abortion decisions this term:  Gonzales v. Panned Parenthood, et. al. 05-1382, and Gonzales v. Carhart, 05-380, respectively decided by the 9th and 8^th Circuit Courts of Appeal. The 8th Circuit partial-birth abortion ruling can be found by clicking here (last visited June 21, 2006 reo).

Legislative Development: Louisiana Governor Signs Abortion Ban Legislation

As expected, Louisiana Governor. Kathleen Blanco signed into law a ban on most abortions. The ban applies to all abortions, even in cases of rape or incest, except when the mother's life is threatened. However, the law would only take effect if the United States Supreme Court's 1973 ruling in Roe v. Wade is overturned. Source.  Reuters, reuters.com. For the complete story, please click here (last visited June 18, 2006, reo).

Ohio Abortion Proposal Unlikely to Become Law

After a full day’s hearing and with 60 people yet to testify, the chairman of the Ohio House Health Committee ended debate on a proposed abortion ban bill and said that he does not expect to hold a second hearing this year.  According to its supporters, the proposal would have given the Supreme Court the chance to overturn Rode v. Wade.  Source. Jim Siegel, The Columbus Dispatch, columbusdispatch.com. For the complete story, please click here (last visited June 14, 2006, reo).

Ohio Committee to Hear Proposed Legislation that Would Criminalize All Abortions

On Tuesday, a committee of the Ohio House of Representatives is to hear a proposed bill that would criminalize all abortion -- whether to save the life of the woman or to end pregnancies resulting from rape or incest. The bill would also make it a felony for anyone to take a woman across the state line to obtain an abortion elsewhere. Source. Carl Chancellor, Beacon Journal, ohio.com.mld/beaconjournal. For the complete story, please click here (last visited June 11, 2006, reo).

Case Law Development: Federal Third Circuit Court of Appeals Oks Firing of Teacher at Catholic School who Publicly Advocated Abortion Rights

The United States Court of Appeals for the Third Circuit ruled this week against a teacher who was fired from a private Catholic school after she had signed her name to a newspaper advertisement celebrating the 30^th anniversary of Roe v. Wade. She had argued that signing the advertisement was conduct protected by 42 U.S.C. § 2000e-3(a) and that she was fired for conduct less egregious under Catholic doctrine than conduct of male employees who were treated less harshly. The lower court had ruled that a 1978 law that forbids employers from discriminating against employees who support abortion rights does not apply to disputes involving a religious school  The Court of Appeals agreed.

On the day the advertisement appeared, the woman was called into the office of the President of the private school and informed that the school was deeply troubled by her public support of a position inimical to accepted Catholic doctrine and was considering terminating her employment. A few days later she was fired. In her lawsuit, the woman claimed that a provision in Title VII protected her from being fired.  That provision reads that “It shall be an unlawful employment practice for an employer to discriminate against any of his employees . . . because he has opposed any practice made an unlawful employment practice by this subchapter . . ..” 42 U.S.C. § 2000e-3(a).2

The Third Circuit rejected her argument saying that the provision was aimed at preventing illegal employment practices but that “basic pro-choice advocacy does not constitute opposition to an illegal employment practice.” 

It said that “we are not aware of any court that has found public protests or expressions of belief to be protected conduct absent some perceptible connection to the employer’s alleged illegal employment practice.”  An example of protected conduct, according to the court, would be an employee’s appearance on the news magazine “60 Minutes” where the entire show was about allegations of sexual harassment and discrimination within the Bureau of Alcohol, Tobacco and Firearms. Hoffman v. Rubin, 193 F.3d 959, 963 (8th Cir. 1999). However, in this case, the court concluded that the advocacy was simply not connected to employment practices. It also dismissed her gender argument saying that “Congress has not clearly expressed an affirmative intention to apply Title VII to a claim, as asserted here, against a religious employer in the present context.” The Third Circuit Court of Appeals opinion, Curay-Cramer v. Ursuline Academy of Wilmington, may be found by clicking here (last visited June 10, 2006, reo).

Oglala Sioux Ban Abortion on Reservation—Suspend Tribal President

The Oglala Sioux tribe in South Dakota has voted to ban abortion on the Pine Ridge Reservation and has suspend tribal president Cecelia Fire Thunder for 20 days after she announced her intention to build a women’s health clinic on the reservation. Source. Ms. Magazine, msmagazine.com. The complete story may be found by clicking here (last visited June 10, 2006, reo).

South Dakota Primary Election Finds Abortion Bill Opponents Losing

Although it is not immediately clear how much their opposition to a Sourth Dakota abortion bill may have cost their reelection effort, four Republican state senators who voted against a bill that would ban abortions in South Dakota were all defeated in Tuesday’s primary election.  Apparently, several candidates who supported the ban were successful in the primary.  Source.  Joe Kafka, AP, The Mercury News, mercurynews.com. The complete story may be found by clicking here (last visited June 10, 2006, reo).

Louisiana Legislature Passes Strict Abortion Bill

By an 85-17 vote, the Louisiana Legislature passed a bill that is worded to allow abortions only to save the life of the mother or “to prevent serious, permanent health problems for the mother.”  Legislators rejected a provision that would allow an abortion for pregnancies resulting from rape or incest.  The bill has been forwarded to Louisiana Governor Kathleen Blanco, who is expected to sign it.  Source.  Will Tubbs, lessvilledailyleader.com. For the complete news story, please click here (last visited June 3, 2006, reo).

Connecticut’s Motor Vehicle Department Says it Will Stop Issuing “Choose Life” License Plates

On Thursday the Connecticut Department of Motor Vehicles said it will stop issuing special “Choose Life” license plates for The Children First Foundation -- a New York-based pro-adoption group opposed to abortion - while it investigates, along with the attorney general, whether the foundation qualifies for the plates.-The decision is expected to spark a first amendment lawsuit over the issue.  Source.  Jon Lender, Hartford Courant, courant.com. For the complete story, please click here (last visited May 27, 2006, reo).

Legislative Development: Oklahoma Governor Signs Bill that Restricts Teenagers’ Access to Abortions

Oklahoma Governor Brad Henry signed a bill this week that restricts teenagers’access to abortions in that state.  The bill requires the consent of one parent before a minor can receive an abortion and allows public funds to be sent to agencies that help pregnant women with anti-abortion counseling and support services.  Source.  KOTV-TV, Kotv.com. For the complete story, please click here (last visited May 27, 2006, reo).

Legislative Development: Kansas Legislators Fail to Override Veto of Abortion Reporting Measure

Kansas legislators failed by four votes in the state senate in their effort to override Kansas Governor Kathleen Sebelius’s veto of an abortion bill that that would have required the state to collect more information about late term abortions, such as the woman’s health, fetal abnormalities, and the physician who authorized the abortion.  Source.  David Klepper And Jim Sullinger, The Wichita Eagle, Kansas.com. For the complete story, please click here (last visited May 27, 2006, reo).

Argentina Considering Legalizing First-Trimester Abortion

The Catholic News Service reported this week that Argentina is considering a revision of the penal code involving abortion. Under the new code, the section addressing abortion would read, "The woman is not punishable when the abortion is practiced with her consent and within three months of conception, provided circumstance made it excusable."  Source.  Gudrun Schultz, lifesite.net. For the complete story, please click here (last visited May 27, 2006, reo).

Case Law Development: Ninth Circuit Court of Appeals Affirms Ban on Aerial Abortion Ads

A panel of the Federal Ninth Circuit Court of Appeals has affirmed Honolulu, Hawaii's ban on aerial advertising of abortion ads.  Abortion opponents had planned to tow aerial banners protesting abortion over the beaches of Honolulu.The court said that the city’s ban on such advertising, which is based on a 1978 ordinance, did not violate the First Amendment to the United States Constitution.

The court found that airspace is not a public forum and that other means were available for the group to campaign against abortion.  It also said that the city's longstanding efforts at beautification through strict regulation of all kinds of outdoor advertising -- commercial and political -- were even-handed and consistent and did not constitute discrimination against the protestors.  A copy of the Ninth Circuit decision can be obtained by clicking here (last visited May 24, 2006, reo).

Abortion Level at All-Time High in Scotland

According to a report issued by the government, the number of abortions carried out in Scotland reached an all-time high in 2005. The report claims that 12,603 pregnancies were terminated, the highest level since abortion was made legal in 1967. Source. BBCNews, news.bbc.uk. For the complete story, please click here (last visited May 24, 2006, reo).

Kansas Legislators Supporting Abortion Reporting Bill Unsure of Override

Supporters of a bill that would require Kansas doctors to report more information to the state about abortions they perform were unsure Monday if  they would try to override Governor Kathleen Sebelius' veto of the proposal. It is reported that the bill’s backers will wait until Thursday to decide whether to try and override the veto. Source.  John Hanna, AP, kansascity.com. For the complete story, please click here (last visited May 24, 2006, reo).

Oklahoma Legislature Sends Parental Consent Abortion Bill to Governor

The Oklahoma Legislature approved an anti-abortion bill on Friday that includes a requirement that minors can obtain an abortion only with parental consent.  The measure was approved 38-8 and send to Governor Brad Henry for consideration.  He is expected to sign the bill.  Source. Mick Hinton, Tulsaworld.com. The complete story can be found by clicking here (last visited May 20, 2006, reo).

Kansas Governor Vetoes Late-Term Abortion Bill

Kansas Governor Kathleen Sebelius vetoed a bill on Friday that would have required the state to collect more data on late-term abortions.  The legislation would required that the state be provided information on the woman’s health, fetal abnormalities and the physician who authorized the abortion. Proponents of the legislation said more information was needed to be collected to understand why women seek late-term abortions and whether physicians are following state law. Opponents called the legislations an attempt to harass doctors and clinics. Source. Jim Sullinger, Kansas City Star, kansascity.com. The complete story can be found by clicking here (last visited May 20, 2006, reo).

Colombian Court Finds Exceptions to Application of Strict Abortion Law

Colombia's Supreme Court ruled this week that abortions can be allowed in certain limited cases, if incest or rape is involved or if the fetus is so deformed that it would be unable to live outside the mother's womb. Abortion rights activists hope that the decision toward less strict anti-abortion laws will  encourage continued liberalization of the abortion issue in South America. Source.  Toby Muse, AP, seattlepi.newsource.com. To read the complete story, please click here (last visited May 13, 2006, reo).

Kansas Senate Sends Abortion Information Bill to Governor

The Kansas Senate approved a bill that requires doctors who perform abortions to provide state health officials detailed information about each late-term abortion and whether the fetus was abnormal. Opponents of the bill argued that it was an attempt to harass doctors and clinics while proponents claimit will provide Kansans with better data about abortions.  The governor has not indicated whether she will sign the bill. Source.  John Hanna, AP, Kansas City Star, KansasCity.com. Please click here for the complete story (last visited May 6, 2006, reo).

Telephone Survey Finds Support for Roe v. Wade Lowest in a Decade

According to a telephone survey of 1,016 adults conducted by the Harris poll, support for Roe v. Wade is at the lowest level in decades in the United States. The decision is supported by a 49% to 47% plurality, compared with 52% who favored the decision in 2005  and 57% in 1998. Source.  Wall Street Journal Online, onlines.wsj.com. Please click here for the complete story and details about the Harris poll (last visited May 6, 2006, reo).

Supreme Court Refuses to Review Damage Award In Activists Abortion Protestors Case

The Supreme Court refused on Monday to review a case involving use by abortion protesters of "wanted" posters to identify clinic doctors. The 12 activist defendants  and two anti-abortion groups were sued under a racketeering law and the 1994 Freedom of Access to Clinic Entrances Act, which makes it illegal to incite violence and threaten abortion doctors.

An Oregon jury awarded several doctors and clinics $108 million in punitive damages, however, the amount was reduced by the Federal Ninth Circuit Court of Appeals.  The defendants had asked the Supreme Court to further reduce the award.  General background of this case may be found by clicking here (last visited May 3, 2006, reo).  The  Ninth Circuit Court of Appeals Opinion, Planned Parenthood v. American Coalition of Life Activists, may be obtained by clicking here (last visited May 3, 2006, reo).

Louisiana Senate Approves Strict Abortion Ban – Measure Moves to House

The Louisiana State Senate approved a near-total ban on abortion on Wednesday of this week, allowing abortion only to save a woman's life. A person who performs an abortion in violation of this statute could be fined from $10,000 to $100,000, be sentenced to a jail term of one to ten years, or a combination of a fine and jail time. The ban is a “trigger law,” meaning it will only go into effect if Roe v. Wade is overturned. Governor Kathleen Blanco has told reporters she would sign “some kind of abortion bill,” reports the Times-Picayune.  Source. Feminist Daily News Wire, feminist.org. You can find the complete story by clicking here (last visited April 29, 2006, reo).

California Lawmakers Defeat Fetus Pain Proposal

California lawmakers on Tuesday defeated legislation that would have informed women considering an abortion that a fetus feels intense pain during the abortion procedure. The measure would have also provided women with the option of giving the fetus anesthesia beforehand to lessen the pain. Source.  Steven Ertelt, lifenews.com. You can find the complete story by clicking here (last visited April 29, 2006, reo).

Federal Eighth Circuit Court of Appeals Hears Challenge to South Dakota Abortion Notification Requirement

The Federal Eighth Circuit Court of Appeals heard arguments on Thursday about a South Dakota law that requires abortion doctors to inform patients that abortions end human lives and cause serious psychological problems. Opponents of the abortion law say that it forces physicians to give inaccurate information and infringes on their free-speech rights. The court is not expected to render an opinion for several weeks.  Source.  Jeff Douglas, AP, washingtonpost.com. The complete story may be found here (last visited April 22, 2006, reo).

Michigan Attorney General Files Reply Brief in Case Challenging Ruling on Partial Birth Abortion Ban

The Michigan Attorney General announced Friday that he has filed an appellate reply brief with the United States 6th Circuit Court of Appeals challenging the decision issued in September by a lower court federal judge that declared Michigan's statute prohibiting partial birth abortion unconstitutional. Source. PRNewswire, biz.yahoo.com. The complete story may be found here (last visited April 22, 2006, reo).

Kansas Federal Judge Rules Abortion Clinic Doctors Not Required to Report Underage Sex between Consenting Youths

A Federal District Court Judge ruled Tuesday that abortion clinic doctors and other professionals are not required under Kansas law to report underage sex between consenting youths. In making its ruling, the court rejected the argument by the Kansas Attorney General that a 1982 Kansas law requiring doctors, teachers and others to alert the state and law enforcement about potential child abuse covers consensual sex between minors and applies to abortion clinics, and other health professionals and teachers. It is not certain whether the ruling will be appealed.  Source. Roxana Hegeman, AP, chron.com. For the complete story, please click here (last visited April 19, 2006, reo).

Northern Kentucky University Professor Placed on Leave After Admitting Involvement in Destruction of Anti-Abortion Display

A Northern Kentucky College professor was put on leave and will retire at the end of the semester after apparently admitting that she told students to destroy an anti-abortion display on the college campus. The professor reportedly acknowledged leading graduate students to an area where crosses had been temporarily erected a week earlier by an anti-abortion group, although it is unclear what part the professor took in dismantling the display.  Please note that additional background information on this incident can be found in our Blog of April 16. Source.  AP, Washingtonpost.com. For the complete story, please click here (last visited April 19, 2006, reo).

Louisiana Senate Committee to Consider Strict Abortion Bill

The Louisiana Senate Committee on Health and Welfare will hear a bill today (Wednesday) that outlaws the procedure in all cases except to save a mother's life. This measure is one of several anti-abortion bills introduced this session and supporters are unsure how Louisiana lawmakers will react.  Source. Ed Anderson, The Times-Picayune, nola.com. For the complete story, please click here (last visited April 19, 2006, reo).

Commentary: “Ripples From Law Banning Abortion Spread Through South Dakota”

Readers may find the article in Sunday’s New York Times by Monica Davey that focuses on the reaction of South Dakota citizens to that state’s decision to ban all abortions of interest.  An associated slide presentation available with the story based on photos taken by Carmel Zucker for the New York Times is particularly well done.  Source.  Monica Davey,  The New York Times. The complete article with the slide presentation may be found by clicking here (last visited April 16, 2006, reo).

Vandalism or Free Speech? Northern Kentucky University Prof Accused of Vandalizing On-Campus Anti-Abortion Display

A Northern Kentucky University professor has apparently been accused of vandalizing an on-campus anti-abortion display.  She was allegedly photographed by a member of the University’s student newspaper tearing down white crosses set up by a student right-to-life group to symbolize aborted fetuses. The professor with 26 years at the University faces possible criminal charges and action from the university if the accusations are true.  Source. 9News Produced by Liz Foreman, WCPO.com. The complete story and photographs accompanying it can be found by clicking here (last visited April 16, 2006, reo).

Commentary: South Dakota: No Right to Choose

Our readers may be interested in reporter Maria Hinojosa’s personal account of her visit to South Dakoa to do a story on abortion. She recounts her experience interviewing supporters and opponents of the South Dakota’s ban on abortions and reflects on the reaction among citizens in that state to the legislation. Source: Reporters Notebook: Maria Hinojosa’s Personal Account, pbs.org. Ms. Hinojosa’s account can be found by clicking here (last visited April 16, 2006, reo).

Arizona Governor Vetoes Abortion Bill

On Tuesday Arizona Governor Janet Napolitano vetoed a bill that would have required doctors to tell a women who is at least 20 weeks into her pregnancy that her unborn child "has the physical structures necessary to experience pain." In vetoing the bill, the Governor called the legislation "an unwarranted intrusion by politicians" into the doctor-patient relationship. "The Legislature should not attempt to substitute its judgment for that of trained physicians with respect to professional advice given to patients," she said. Source:  Howard Fischer, Capitol Media Services, Arizona Star, azstarnet.com. For the complete story, please click here (last visited April 12, 2006, reo).

Informed Consent Abortion Bill Arrives at Idaho Governor’s Desk

The Idaho House passed a bill Monday that requires women seeking an abortion to wait 24 hours before being allowed to undergo the procedure. The “informed consent bill” also requires doctors to distribute information about potential complications from abortion to women seeking one. The bill, already approved by the Idaho Senate, now goes to Governor Dirk Kempthorne for consideration. Source: KIFI-TV, Idaho Falls, localnews8.com For the complete story, please click here (last visited April 12, 2006, reo).

Felony Abortion

"It was a sunny midafternoon in a shiny new global-economy mall in San Salvador, the capital city of El Salvador, and a young woman I was hoping to meet appeared to be getting cold feet. She had agreed to rendezvous with a go-between not far from the Payless shoe store and then come to a nearby hotel to talk to me. She was an hour late. Alone in the hotel lobby, I was feeling nervous; I was stood up the day before by another woman in a similar situation. I had been warned that interviewing anyone who had had an abortion in El Salvador would be difficult. The problem was not simply that in this very Catholic country a shy 24-year-old unmarried woman might feel shame telling her story to an older man. There was also the criminal stigma. And this was why I had come to El Salvador: Abortion is a serious felony here for everyone involved, including the woman who has the abortion. Some young women are now serving prison sentences, a few as long as 30 years.

More than a dozen countries have liberalized their abortion laws in recent years, including South Africa, Switzerland, Cambodia and Chad. In a handful of others, including Russia and the United States (or parts of it), the movement has been toward criminalizing more and different types of abortions. In South Dakota, the governor recently signed the most restrictive abortion bill since the Supreme Court ruled in 1973, in Roe v. Wade, that state laws prohibiting abortion were unconstitutional. The South Dakota law, which its backers acknowledge is designed to test Roe v. Wade in the courts, forbids abortion, including those cases in which the pregnancy is a result of rape or incest. Only if an abortion is necessary to save the life of the mother is the procedure permitted. A similar though less restrictive bill is now making its way through the Mississippi Legislature." By Jack Hitt, New York Times Link to Article (last visited 4-9-06 NVS)

Abortion Pills

"Two Chinese students needed urgent medical treatment after taking illegal abortion pills, says a Chinese doctor in Christchurch. Dr Colin Chin said the two students came to his clinic independently more than 18 months ago "bleeding and in pain" from incomplete abortions. One student admitted her parents sent her the pills from overseas, and the other woman would not say where she got them. Last week, the Ministry of Health's Medicines and Medical Devices Safety Authority (Medsafe) laid charges against importers of Chinese-manufactured contraception and abortion pills. They were being imported privately and advertised on a Chinese language website for the past 18 months. The accused are due to appear in court next month."By Deidre Mussen, stuff Link to Article (last visited 4-9-06 NVS)

Abortion Timing

"A major symposium on abortion in Wellington has revealed that more than two-thirds of terminations in New Zealand are carried out on women who are more than 10 weeks pregnant - about twice the rate of comparable countries. In Britain, Europe and US, 30 per cent of abortions are performed on women eight weeks pregnant or less, while in New Zealand the figure is just 8 per cent." www.stuff.co.nz Link to Article (last visited 4-9-06 NVS)

South Dakota Abortion Petition Effort

Volunteers pushing to overturn the nation's most far-reaching abortion ban are surprised and delighted by the response as they circulate petitions to put the law up for a public vote. Even in the most conservative corners of this conservative state, both Republicans and Democrats - including some voters who say they oppose abortion - are eagerly signing the petition. In two weeks, volunteers have collected a third of the signatures they need to get a November referendum on the ban. Some voters dismiss the abortion-rights activists as out of touch with South Dakotan values. "People here have a sense of morals and ethics," said Darcy Patterson, 40. "I don't want to change the law."" Lost Angeles Times, HeraldNet Link to Article (last visited 4-9-06 NVS)

Abortion Activism

"About 70 Right to Life Australia activists converged on St Columbus Church in bayside Elwood to mark the end of a 250km awareness march from Maffra, in the state's east.They were met by a group of about 10 vocal pro-choice campaigners who heckled them as they arrived, waving placards and chanting "not the church, not the state, women will decide their fate". A handful of police was on site to monitor the groups but the demonstration was peaceful." By Catherine Best, The Daily Telegraph Link to Article (last visted 4-9-06 NVS)

New Jersey Court of Appeals Says Jury May Hear Claim Woman Did Not Receive Enough Information From Physician When Advising Abortion

A New Jersey Court of Appeals ruled Friday that a jury may hear a woman’s claim that her physician failed to provide enough information when advising her to end the pregnancy.  Anti-abortion proponents claim the decision will allow a jury to decide when life begins.  Other experts claim the ruling will have little impact on state laws on abortion.  Source.  Tom Hester, Star-Ledger, The Star Ledger, nj.com. For the complete story, please click here (last visited April 8, 2006, reo). A copy of the New Jersey Court of Appeals Opinion may be obtained by clicking here (last visited April 8, 2006, reo).

Case Law Development: Florida Court of Appeals Explains Standards for Waiving Parental Notification Requirement

The Florida Court of Appeals reversed a trial court's order dismissing her petition for judicial waiver of parental notification of pregnancy by unpublished order and has now provided an an opinion to explain the decision. Florida's parental notification statute provides three exceptions justifying judicial waiver of the requirement: child abuse, maturity of the child, and best interests of the child. 

The court explained that the trial court had applied an incorrect definition of "sufficiently mature." Citing decisions from a number of other states on the standard, the court stated, "The circuit court improperly held Doe to the standard of a fully-grown adult, quoting Webster's definition of a mature person as one "fully developed in body and mind." The statute does not require Doe to prove that she has the maturity of an adult....In determining whether a minor is "sufficiently mature," the court need only find that the minor has the necessary emotional development, intellect and understanding to make an informed decision regarding terminating her pregnancy. ... Factors which evidence sufficient maturity include, but are not limited to, the minor's physical age, her understanding of the medical risks associated with the procedure as well as emotional consequences, her consideration of options other than abortion, her future educational and life plans, her involvement in civic activities, any employment, her demeanor and her seeking advice or emotional support from an adult....The statutory term "sufficiently mature" does not require Doe to be self-sufficient."

In re Jane Doe, 2006 Fla. App. LEXIS 4860 (April 5, 2006)
Opinion on the web (last visited April 7, 2006 bgf)

Arizona Senate Approves Fetus-Pain Abortion Measure

The Arizona Senate approved a bill 17-13 Tuesday that requires doctors to tell women seeking abortions that their fetuses could experience pain even if the women receive pain medication. The bill had earlier passed  the House and now goes to Governor Janet Napolitano, who since taking office in 2003 has vetoed several measures supported by abortion opponents. Supporters claimed the bill would help ensure that women could make informed decisions about their health. Critics claimed the bill is intended to erode abortion rights. Source:  AP, Tucsoncitizen.com.