Rev. K.H. says, “Essentially, an out-of-state minor girl does NOT have to give her real name while seeking abortion in Kentucky, some just give her initials. What happened to crossing the state line while seeking what is illegal in your own state? There was a day that when you crossed the state line, you were in worse trouble. Now it’s meaningless. So, the Great Commonwealth of Kentucky gets to foot the bill for an attorney, time in court, and cost of the abortion FOR A MINOR.”
Keep in mind that this opens up the reasoning that if there is federal law, it will probably (most likely!) supersede state law – the ACLU is always looking for cases that will shut down state law regarding abortion, gay marriage and other Liberal issues.
Kentucky abortion bypass law
Kentucky’s abortion bypass law allows a judge to waive the requirement for parental consent after hearing evidence on the “emotional development, maturity, intellect and understanding” on the minor, as well as “the nature, possible consequences, and alternatives to the abortion” and any other evidence that would show the abortion is in the minor’s best interests.
The law says if a minor is denied a bypass, she shall have the right of anonymous and expedited appeal to the Court of Appeals, which the court must give precedence over other pending matters.
* Your federal constitutional rights aren’t abandoned when you travel into another state, they come with you. (Bebe Anderson, senior counsel for the New York-based Center for Reproductive Rights)
* We feel regardless of residency all teenagers should be able to use the court system in Kentucky to access judicial bypass. (Derek Selznick, director of the Reproductive Freedom Project at the ACLU of Kentucky)
* The state Court of Appeals decision was issued confidentially under a portion of the state’s bypass laws that guarantees minors a right to an “anonymous” appeal of adverse decisions. A state Supreme Court special rule also says that appeals are to be handled in a confidential manner.
* It was a difficult decision in part because they knew it would invite “forum shopping,” in which a girl who is refused by a judge to get an abortion in her home state need only cross state lines to try to obtain permission in Kentucky. (Chief Judge Jeff Taylor of Owensboro and Judge Michelle Keller of Covington)
* Taylor noted that appellate courts elsewhere have ruled that non-resident minors have a right to such hearings in other states. For example, a federal appeals court in 1983 struck down Indiana’s law because it allowed only Hoosiers to petition the courts there, therefore violating the constitutional right to travel. (Chief Jeff Taylor of Owensboro)
* Kentucky judges have no “business making any decisions regarding a minor from another state seeking an abortion without parental consent.” She said the ruling was “particularly troubling” in light of the fact that Indiana has a nearly identical bypass procedure, and no reason was given why the girl did not use it instead of traveling to Kentucky. (Judge Joy Moore of Burlington) Perhaps Indiana said NO.
* This will pass the cost of an attorney and other fees of non-residents (Kentucky) to tax payers that are residents.
* Kentucky’s abortion laws say in general that “it is in the interest of the people of the commonwealth that every precaution be taken to insure the protection of every viable unborn child being aborted.
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