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Thursday, April 28, 2005

The Handmaid's Tale
Posted by Jill | 7:01 AM

Florida Republicans have decided that rather than face uppity adult women outright, they'll take out their fear and loathing of female sexuality on 13-year-olds:

As a 13-year-old Palm Beach County girl prepared this week to end a pregnancy she says she does not want, the Florida Department of Children and Families went to court to stop her from having the abortion.

The American Civil Liberties Union challenged the state's position Wednesday, saying DCF is overstepping its authority and violating the girl's constitutional rights.

The girl, identified only as L.G., lives in a shelter for abused and neglected teens and found out two weeks ago during a doctor's appointment that she is pregnant. Soon after, she told her DCF caseworker in Palm Beach County that she wanted an abortion.

The caseworker scheduled an appointment for the girl to have an abortion Tuesday and planned to drive her to the office, according to an appeal filed by the ACLU. On the same day, lawyers for DCF filed an emergency motion to stop L.G. from terminating her pregnancy.

In a hearing that day before Juvenile Court Judge Ronald Alvarez, the state argued that Florida law gives DCF authority to prevent L.G. from having an abortion. The state said the girl was not able to make an informed decision because of her age and immaturity, according to the appeal filed Wednesday by the ACLU.

Alvarez agreed to delay the abortion until the court could give L.G. a psychological evaluation to find out whether an abortion could cause her emotional harm. The judge also wanted the court to determine whether the girl would face medical risks in terminating the pregnancy or carrying the baby to term.

The ACLU and the Legal Aid Society appealed that decision Wednesday to the 4th District Court of Appeal, saying neither DCF nor the court had any right to interfere.

The U.S. Supreme Court's position that women have the right to choose an abortion overrides any state argument or law, ACLU of Florida Executive Director Howard Simon said.

"Whatever politically motivated, convoluted legal rationale they (DCF leaders) can come up with, they cannot ignore the constitutional rights of women as recognized by the U.S. Supreme Court," Simon said.

DCF spokeswoman Marilyn Munoz said Wednesday that DCF is "acting in the best interest of the child." She cited a Florida state law that says DCF cannot permit an abortion without a judge's consent, but declined further comment.

A spokesman for Gov. Jeb Bush also declined comment.

Under Florida law, a 13-year-old can have an abortion without her parents knowing or agreeing. The legislature is considering a bill this session that would require parental notification, but not consent, for girls under the age of 16.


Now think about it: If this girl was living with her parents, she would be able to just go ahead and terminate the pregnancy. But because she's a ward of the state, the state has decided to turn her into a breeder for their own political purposes, EVEN THOUGH THE LAW STATES VERY CLEARLY THAT A PREGNANT TEENAGER IS AN EMANCIPATED MINOR WITH THE RIGHT TO TERMINATE A PREGNANCY (Florida Statute 743.065):

"Unwed pregnant minor or minor mother; consent to medical services for
minor or minor's child valid.--
"(1) An unwed pregnant minor may consent to the performance of
medical or surgical care or services relating to her pregnancy by a
hospital or clinic or by a physician licensed under chapter 458 or
chapter 459, and such consent is valid and binding as if she had
achieved her majority.
"(2) An unwed minor mother may consent to the performance of medical
or surgical care or services for her child by a hospital or clinic or
by a physician licensed under chapter 458 or chapter 459, and such
consent is valid and binding as if she had achieved her majority.
"(3) Nothing in this act shall affect the provisions of s. 390.0111."


What I want to know is how this girl became pregnant while in state's care. If the state is supposed to serve as guardian, how is it that she was able to become pregnant? And by whom was she impregnated? An adult caseworker or other state staff?

And yet, there seems to be NO investigation of how the pregnancy took place; the important thing is to punish this "evil, unchaste daughter-of-Eve temptress" for not being chaste.

Jebbie, of course isn't saying anything, but you know damn well which side he's on.

In 2003, a parental notification law was struck down by Florida's Supreme Court. Yet Christofascist politicians are trying to put one together again. If they succeed, this is just the beginning of the reduction of women of all ages becoming breeders for the state when the state deems it appropriate, and having such pregnancies regarded as just punishment for sexual intemperateness when the state wants it to be.

Margaret Atwood didn't know the half of it.

I hope some of our Florida readers will weigh in ("Skywind", I'm talking to you).
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