Parental notice law overturned

A judge says minors have the same right to privacy as adults when deciding to get an abortion.

By LUCY MORGAN

© St. Petersburg Times, published May 13, 2000

TALLAHASSEE -- Citing Florida's strong constitutional right to privacy, a Leon County judge Friday overturned a 1999 law requiring parental notice before a minor can obtain an abortion.

Minors have the same right to privacy afforded adults in Florida, Circuit Judge Terry P. Lewis said in a ruling that overturns a law requiring doctors to give parents 48 hours' notice before performing an abortion on girls younger than 18.

The decision is already at the 1st District Court of Appeal because state officials sought review of a temporary injunction Lewis issued last year.

Lewis repeatedly cited a 1989 Florida Supreme Court decision that overturned an earlier effort by legislators to impose restrictions on abortion. That law required parental consent for abortions performed on young women.

Lewis said he sees little difference between a law requiring parental consent and one requiring parental notice. In both situations, the good parent would be likely to care, comfort, guide and assist the minor in a decision and support whatever decision is made, he said.

But some minors cannot rely on their parents, he said.

"Not every minor comes from a Norman Rockwell family and some minors have legitimate fears of physical and emotional abuse if their parents are consulted," Lewis wrote. "In some cases, unfortunately, they have become impregnated by a family member."

Lewis said he was not making an attempt to decide the case based on the moral issues of abortion.

"Reasonable people can and do disagree on the subject," he said.

The judge agreed with state officials who say adults are generally more mature than minors, but noted that maturity is a relative term.

"A person does not magically become mature and able to make informed decision upon reaching the age of 18 -- or even much older," Lewis noted. "There is a saying, age and wisdom do not necessarily travel together. Sometimes age comes by itself." Lewis also questioned that Florida allows minors to carry a child to term, make medical decisions that affect them and their babies and obtain other surgical procedures without parental notice or consent.

Although the parental notice law established a process for minors to go to court and obtain permission without notice to parents, Lewis said the process would be embarrassing and intimidating to young women.

"The chance of a breach in the confidentiality requirement is a real possibility, especially in small communities," Lewis said.

Florida's constitutional right to privacy, approved by voters in 1980 with little debate, was designed to provide protection from government intrusion in an age when more information is being stored in computers. Stronger than any federal right of privacy, the amendment has been used by the state's highest court to uphold the right to die and the rights of women and minors who seek abortions.

Charlene Carres, a Tallahassee lawyer who represented abortion clinics that challenged the parental notice law, was also the lawyer who successfully challenged the parental consent law in 1989.

"I'm very pleased," Carres said Friday. "It is particularly significant."

Carres said she is now preparing a lawsuit to challenge the partial birth abortion law passed by legislators last week. A similar law that passed in 1998 was tossed out by a federal judge in South Florida.

The Center for Reproductive Law and Policy in Washington also praised the decision.

Legislators and Gov. Jeb Bush expressed disappointment. "The governor is saddened," said press secretary Elizabeth Hirst. "He feels very strongly that the parents of minor children have a right to be notified when it comes to a serious medical procedure."

"It's a sad situation when you have to get parental permission to give a kid an aspirin at school, but don't have to have consent to get an abortion," House Speaker John Thrasher said.

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