TALLAHASSEE, Fla. (AP) — On Wednesday, the Florida Court of Appeals declared that the state law permitting minors to terminate pregnancies without parental consent is unconstitutional.
A panel of three judges from the 5th District Court of Appeals determined that the state’s Judicial Immunity Act infringes upon parental rights, referencing state custody laws, a recent decision by the Florida Supreme Court, and the landmark 2022 U.S. Supreme Court ruling that stripped federal abortion rights.
“Constitutional claims related to abortion have been consistently dismissed by both the U.S. Supreme Court and the Florida Supreme Court, as they may have previously legitimized the state’s judicial administration,” stated the Court of Appeals’ Opinion, authored by Judges Jordan Pratt, with Judges John Massiver and Brian Lambert concurring.
For many years, anti-abortion advocates and Republican lawmakers have strived to understand the rights of minors and have prohibited most abortions unless a judge permits access to the procedures in Florida, often six weeks into the pregnancy, leaving many women unaware of their condition.
The panel flagged the matter as “a highly significant issue of public interest” for consideration by the Florida Supreme Court, indicating that it does not ensure the right to abortion.
The judges sided with arguments presented by State Attorney General James Usmierer in a case involving a 17-year-old girl who was nearly six weeks pregnant and sought an abortion without her father knowing.
The Court of Appeals affirmed a lower court’s decision, which found that the girl, referred to as Jane Daw, did not possess the “necessary maturity” to make such a choice independently of her parent or legal guardian.
The opinion highlighted her lack of “emotional development and stability, reliability and attitude as a witness, capacity to accept responsibility, and ability to evaluate the immediate and long-term implications of her decisions.”
___Kate Payne is a regional member of the Associated Press/Reports’ American State University News Initiative. American Report is a non-profit national service program that places journalists in local newsrooms to investigate pressing issues.
Source: apnews.com