A state appeals court Friday upheld a Calhoun County circuit judge’s ruling that blocked a minor from having an abortion without notification and consent of a parent or guardian.
The unanimous decision by a three-judge panel of the 1st District Court of Appeal did not detail the circumstances of the case, including the age of the minor, who was identified by the pseudonym Jane Doe.
But the panel backed a decision by Circuit Judge Brandon Young, who found the minor “failed to demonstrate sufficient maturity” to receive a waiver of the notification and consent requirement, according to the appeals court.
“In a detailed order, the circuit court determined, based on the non-adversarial presentation below, that Doe had not established by clear and convincing evidence that she was sufficiently mature to decide whether to terminate her pregnancy,” Friday’s decision by appeals-court Judges Rachel Nordby, Robert Long and M. Kemmerly Thomas said.
Thomas wrote a concurring opinion that indicated the case included an issue about appointing a guardian for the minor. She wrote that the notice-and-consent waiver process is limited.
“It only asks whether the minor has demonstrated sufficient maturity to obtain an abortion without the knowledge and consent of her parents or legal guardian,” Thomas wrote. “It is not the process by which a family member is appointed to act as the minor’s legal guardian. To the extent that Doe and her loved ones wish to obtain a court order appointing a family member as Doe’s legal guardian, they can file a guardianship petition with the circuit court. The record is devoid of any evidence that emergency legal action was taken to acquire temporary or permanent legal guardianship designation.”
Florida voters in 2004 approved a constitutional amendment that cleared the way for the Legislature to pass a law requiring that parents or guardians be notified before minors have abortions. Lawmakers in 2020 added to that with the consent requirement.
The issue has long been controversial, with supporters of the requirements saying minors are not mature enough to make abortion decisions. But opponents have argued, in part, that some minors could face issues such as abuse if their parents found out they were pregnant.
Lawmakers included a process for minors to go to court and bypass the notice and consent requirements. Such cases reaching appellate courts are relatively rare.
But the 1st District Court of Appeal in 2022 upheld at least two decisions by circuit judges to block teens from having abortions. One of those decisions, in an Escambia County case, drew widespread attention, as the teen seeking a waiver was described by a judge as almost 17 and “parentless.”
State law requires that hearings in such cases be closed to the public. Also, records are kept confidential.
–Jim Saunders, News Service of Florida
Deborah Coffey says
Were Republicans always this cruel? And, this stupid?
Pierre Tristam says
A nation that elects Nixon–twice–abandons all claims to shiny beacons, on hills or otherwise. It started then, turbocharging under Reagan and Gingrich and going full-throttle Marquis de Sade under W (remember? Compassionate conservatism?), so the table was set for the pussy-grabbing Commander-in-Sade. Not that the three Darwinian Republicans of the 20s were any better, but they held their cynicism in check, since the Supreme Court at the time covered that base. We’re now back to that, to the power six (viz., the membership of the current Supreme Court majority), while awaiting the prodigal dictator’s return.
DaleL says
For all of Reagan’s faults, he did not work to end Roe v. Wade. Lou Dobbs wrote: “While I do not doubt Reagan’s sincerity in advocating an anti-abortion amendment, he invested few political resources toward attaining this goal and it was not a high priority of those close to him.” Reagan’s four Supreme court appointees were mixed on their support for abortion. Both Justice Kennedy and O’Connor voted to preserve the constitutional right to an abortion with a 5-4 vote on June 29, 1992 in Planned Parenthood v. Casey. The majority decision was authored by Justices Sandra Day O’Connor, Anthony Kennedy and David Souter, who were joined by Justices Harry Blackmun and John Paul Stevens.
Perhaps this was because Nancy Reagan was pro-choice.
Deborah Coffey says
That’s the history lesson, Pierre. Maybe I was too busy raising a family and working to really “feel” the cruelty Republicans showed to others. I was always aware of their bigotry and racism but somehow, the viciousness and depths of their cruelty today (as in forcing children to have babies) seems shocking.
Laurel says
Deborah: No. My husband was a lifelong Republican until the Trump nastiness, then he turned Independent. He comes from a Republican family, who are about the nicest people you’d ever want to know. When Roe v. Wade was originally decided, his mother said “Thank God that’s over with, now we can move on.” His sister won’t say anything bad about anyone; it’s not in her nature. My husband is absolutely one of the kindest, and most caring persons you’ll ever come across, and I’m very lucky.
What is going on now is not “conservative” nor “Christian” (my husband is Episcopalian). We are both appalled by the behavior of the current, so called Republicans. We wonder why Trump isn’t sitting in jail after stealing documents and lying about it. We see the Insurrection as treasonous. This era is a time when the very worst in people has come out.
Deborah Coffey says
I know you’re right, Laurel, and I’m sure I shouldn’t be lumping every Republican into the cruel and hate-filled category. My husband of 56 years voted Republican, too…until Obama. Lol. Now, he’s gone so far left that I need to drag him back and calm him down every once in a while. I apologize to all sensible, loving Republicans and I’m working on forgiving the others. But, I’m awfully disappointed in their lack of character so, it’s hard to forgive what they are doing to our country. I’m looking at the young people standing behind Trump at his rallies and all I can see are…Nazis.
Laurel says
Deborah: By the way, my husband was taught that to teach Christianity, you teach by example, not by forcing it on people or legislating it. He was also taught that government should stay out of our bedrooms. Something today’s supposed *Christians* seem pleased to ignore.
Deborah Coffey says
Yes, Jesus didn’t ban Mary Magdalene or the woman being stoned for adultery. And, a long time ago your husband belonged to a political party whose economic and foreign policy ideas we could simply disagree with and discuss politely.
Laurel says
Deborah: Actually, both sides have more in common than they realize. It’s the billionaire backers of the current Republican Party, far right TV and radio, and social media who are responsible for the propaganda. If these same billionaires thought they could manipulate through the Democratic Party, they would do that instead.
While the Republicans are manipulating speech, the Democrats are not doing what they should to counteract it. No matter which party is in power, we lose more rights.
Trust your gut.
Oh, and Judy Woodruff has a good series on the topic of how we view each other called “America at a Crossroads.” She doesn’t go into the dark money aspect, but how the constituents feel about current politics. It’s very well done.
Robin says
Yes Mary, they have.
“ If men could get pregnant, abortion would be a sacrament. “
Florence Kennedy.
YankeeExPat says
If men could get pregnant , abortion clinics would be like “Jiffy Lubes “…….In and out and a free coffee.
Laurel says
Yankee EP: I think that’s the first time I ever laughed on this particular topic!
Mary Fusco says
@ Robin, I’ll take your word for that. What I don’t understand is how a 14 YO who can’t even drive or work or who obviously would have no insurance is paying for this. Even back door abortionists require payment. We, as a society need to stop condoning and start educating. Educating starts in the home and therein lies our biggest problem. I raised 4 children, 3 of them girls and I think I can say that none of them even knew what an abortion was at 14. Children today are on a slippery slope to nowhere. So sad.
Me says
The Trump GOP party sure knows how to not get votes. Keep your hands off woman’s bodies, they don’t belong to you or anyone else. This is a party of a bunch of do nothings, no balanced budget, no border wall policies, no new gun laws, absolutely NOTHING. A party of revenge for Donald that it is all it is. They are a bunch of weak boys that are afraid of Donald.
They took an oath to our US Constitution, and they all broke their oath and there for should be removed from office.
Samuel L. Bronkowitz says
Look, I know the lukewarm centrist democrat approach to this sort of atrocity is to wring your hands and point fingers at republicans and trump. I get it, at least half of the responsibility for this behavior lies on the shoulders of the GOP.
I have to ask, though – Bill Clinton back in 1992 campaigned on protecting Roe v. Wade, Obama said that the first thing he’d do as president would be to sign the Freedom of Choice Act (which would have to pass through congress first, and everyone knows that never would happen), and Biden pledged to make Roe v. Wade the law of the land. Pelosi, in the middle of Roe being cast down, backed Henry Cuellar, the only antiabortion democrat in the house – have you looked in the mirror lately? The people you voted for, who swore to do something to prevent things like this, well I mean, took you for the rubes you are. This is what happens when you keep voting for the lesser of two evils, though. You just keep moving the center in the direction of evil, more and more.
Dennis C Rathsam says
Cry, Cry, all you want! I think its so funny!!!! The man you all love to hate, & lie about is beating the pants off Biden. 33% of Americans think he,s doing a good job… 33%!!!! many are on Flagler live. This is the lowest rating in history. Many many Americans, black, brown, red & white are voting for TRUMP. All the swing states Biden won,last time wont be fooled again, TRUMP leads in them all! Biden screwed them all! Everything was better under TRUMP, no new wars, no invaders polluting our country. No cocaine in TRUMPS Whitehouse, no discusting Christmas vidieo while Milania was first lady. And none of TRUMPS kids are as fucked up as Hunter Biden! The apple doest fall far from the tree. All the legal troubles that are now unfolding will give TRUMP an easy path to the job he was cheated out of. All Biden can do is blame TRUMP, now his son crys the same old story!Its TRUMPS fault!When will Biden stand up and admit he rueined America? When we he admit Americans dont want his green bullshit? When will he stop lying to the American people?
CJ says
Really?? I must be watching/reading different channels/news outlets? And making up my own mind in the process.
Steve says
You need to go talk to someone same in your Universe
Jim says
It’s just sad that you actually believe the BS you’re spouting here. Trump is only interested in Trump and couldn’t care less about you and yours. But keep drinking the cool aid….
Have a great day. Fox News is on 24/7. They’ve already paid $687M for lying about the last election and face at least two more trials with other companies/individuals they libeled. But don’t let that slow anyone down on the feeding frenzy!
And try spell check the next time you go on a rant!
Laurel says
Jim: Keeping in mind about Fox Entertainment being on 24/7 is that the folks who watch it, keep it playing for hours, and get riled up! I’ve been in homes where it runs constantly in the background, and in hotels where it runs in the main lobby like background music! If people are watching it constantly, they have only that one point of view, and they are buying it. They actually believe they are not being lied to. It’s really a shame for our country.
Sherry says
@ dennis. . . since you NEVER cite credentialed evidence to back up your lies and rants. . . I have just 6 words for your benefit: Anger Management Counseling, Switch to PBS!
Samuel L. Bronkowitz says
Hey man are you doing ok? It sounds like you need a wellness check, or to talk to someone.
Jane says
Trump needs to go to hell quickly… where he very justly belongs.
DaleL says
Mr. Trump does not need to go to Hell. He doesn’t need to die. He doesn’t even need to go away. He just needs to go away.
The 2016 election and the 2020 election have been certified. Trump’s own Attorney General stated to the effect that there were not enough irregularities in the 2020 election to change even one election race. The Trump campaign famously filed some 60 lawsuits and lost them all, except for one minor issue that changed nothing.
Anybody, who after all that, and who continues to lie and will not accept the results, should never even be on a future ballot.
Perhaps the Supreme Court will ultimately do the right thing pursuant to the 14th Amendment and declare that Presidential Electors pledged to Mr. Trump cannot be on the ballot. (We don’t actually vote for a President; we vote for electors.)
DaleL says
Correction: I meant to write in the first paragraph: “Mr. Trump does not need to go to Hell. He doesn’t need to die. He doesn’t even need to go to prison. He just needs to go away.”
Laurel says
DaleL: Oh no, he needs to go set his ass in prison. Right now, he is actually being treated very differently than anyone else not even close to his criminal aspirations. Somehow, he manages to get his court dates postponed. No one else has been treated with such kid gloves.
Did he take multiple boxes of secret government documents, store them in a club, and lie about having them or lie about turning them all in? Yes or no? That’s it. He should be sitting in jail awaiting trial. Double standard, one you or I, or his supporters cannot enjoy.
Mary Fusco says
All politics aside because who cares what a politician thinks, a child of 14 is not old enough to have sex, give birth or consent to an abortion. The article does not state whether her pregnancy was the result of rape or incest so I would assume it was her little boyfriend. What physician in his or her right mind would perform ANY procedure on a minor without parental/guardian consent? Anything can go wrong and in comes the Attorney. We live in a world gone mad.
Laurel says
MF: So, of three possibilities of her pregnancy not mentioned in the article, was the result of rape, incest or her “little” boyfriend, you chose the fault yourself. Got a crystal ball? Whether you approve or not, children are having sex, which may or may not be by rape, incest or a little boyfriend. In the case of incest, she should look for consent?