Wednesday, December 28, 2005

It is the Parent's Responsibility

The title states what is required of parents. Society demands this. However, how is it that a group like Planned Parenthood can intervene and diminish that right. That is precisely what happened in State of Alaska vs. Planned Parenthood of Alaska

From the Alaska Supreme Court:

In 1997 the Alaska Legislature passed S.B. 24, an act that prohibits doctors from performing abortions on unemancipated women under seventeen years of age without parental consent or judicial authorization [Fn. 1] and that subjects doctors to criminal penalties for knowingly performing abortions on minors without the required consent or authorization. [Fn. 2] The act'sconsent requirement can be met by written consent from a parent orguardian or by a court order bypassing consent. [Fn. 3] To obtaina judicial bypass order, a minor must file a complaint in superior court and establish by clear and convincing evidence either that she is "sufficiently mature and well enough informed to decide intelligently whether to have an abortion without the consent of aparent, guardian, or custodian" or that parental consent would notbe in her best interests. [Fn. 4] The superior court must appointcounsel for minors who are unrepresented, [Fn. 5] and judicial bypass proceedings are confidential. [Fn. 6] If the court fails to hear a complaint within five days after filing, the court's inaction constructively authorizes the minor to consent for herself. [Fn. 7]

The Court goes on:

Soon after the legislature enacted this parental consent or judicial authorization requirement, Planned Parenthood of Alaska and Drs. Jan Whitefield and Robert Klem filed an action in superior court, claiming that the act is void because it violates the Alaska Constitution's guarantees of privacy, equal protection, freedom from discrimination based on sex, and due process. They later moved for summary judgment. The superior court granted their motion, concluding that the act violates equal protection byrequiring consent or judicial authorization for pregnant minors who choose abortion, but not for those who choose to give birth.

Think about it. The state can ensure that you, the parent, will have the privacy to raise your child or children, but an organization like Planned Parenthood can challenge the very statutes that protect your parental rights and privacy.

This case was a constitutional argument and the rights of the doctors nor Planned Parenthood were an issue. The courts allowed an outside entity to argue on behalf of the minor's rights not their own.

In a perfect world, the argument would have been that the doctor's rights or Planned Parenthood's constitutional rights where being violated. Which they were not.

The doctors argued that they could be charged for a crime without a parental consent.

Well hate to say it, a doctor could be sued if he/she performed any medical procedure on a minor child without the parent's consent and that even means allergy testing. The abortion issue is merely a political creature that stands on no logical ground.

Ask yourself, were you made party to the case in which Planned Parenthood sued the State of Alaska? What was the ruling of the Alaska Supreme Court?

The State of Alaska argued that the Plaintiffs did not have standing. The Alaska Supreme Court saw otherwise. The standing argument is one of controversy and interest.

The interest was with the minor child and the parent and the opinion of the Court proves this. This is a part of our legal system that has become perverted and needs to be changed.

Update: From the website at Planned Parenthood of Alaska.

All of our reproductive health care services are confidential. The only services we offer that require parental consent are non-reproductive health care services. Treatment of illnesses such as upper respiratory illnesses, minor gastrointestinal disorders and allergies, or the treatment of problems like acne are the services that require parental consent. These services fall under the limited family practice category. If you have any questions regarding confidentiality, please call the clinic nearest you. We'd be happy to answer any questions you may have.
As you can see the political creature abortion rights has become. A medical procedure is a medical procedure period.

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