By Sascha Cordner
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-965331.mp3
Tallahassee, FL – One of 18 abortion measures in the Legislature passed favorably in the Senate Judiciary Committee Monday. It would make it more difficult for a minor to get an abortion without their parents consent. But, as Sascha Cordner reports, opponents of the bill say it impedes on a minor's right to privacy.
Political Scientist Susan MacManus says conservatives have long sought parental notifications for abortions in a number of states.
"So this is not an unusual approach to be taken. So, Florida is right in step with what is happening with conservative legislatures across the state."
McManus says what interests her is Republicans are pushing for anti-abortion type bills, like parental consent for abortion, at a time when lawmakers have said they would be more focused on economic recovery. She says in past precedents, Florida was never really a state to focus on such issues.
"It is a common place procedure for conservatives, religious conservatives, across the states to try and push for parental notifications legislation. It's just that in this state, it hasn't gotten nearly the attention among the public as it has in some of those other states where moral issues trump fiscal issues."
Florida's Senate bill would require parents to give their informed consent before their child who is a minor can get an abortion. The exception: if the judge believes the minor is in any physical danger from the parent, who learns of the abortion procedure through consent, then the judge will waive the parents' consent. As The bill's sponsor, Republican Senator Allan Hays of Umatilla shared his beliefs as a medical professional.
"At no times would I begin treatment on one of my dental patients who is a minor without the signed permission of the parent or guardian. This is true no matter if the treatment is a cleaning, a wisdom tooth extraction, or an implant. Informed consent is required before any medical procedure can be done in Florida."
Hays also shared his perspective from a parent's standpoint.
"This same minor can't be given a Tylenol or an Advil at their school without the permission of the parent or guardian. Yet today, this minor may have an abortion in Florida without the permission or knowledge of the parents. As a parent of three daughters, I find this completely unacceptable. Senate Bill 1770 changes this and requires parents be notified, unless a judge acknowledges there is a legitimate danger if the parent is informed pre-operatively."
But, several people spoke in opposition of the bill, like Florida Alliance of Planned Parenthood Affiliates Executive Director Stephanie Kunkel. She says her organization feels the bill is unnecessary.
"While over 44-thousand teens are getting pregnant each year in Florida, more than 14,500 of those pregnancies are in minors under the age of 18, yet only 381 minors petitioned the judge for a judicial bypass last year in 2010, that means 97-percent of those pregnancies under the age of 18 are already getting their parents involved in this process."
Kunkel says the bill also attempts to amend the current judicial bypass process by adding unnecessary hurdles and delays because under current law, when a minor petitions the court the judicial bypass takes precedence and the court must rule within 48 hours of the original petition.
"If passed, Senate Bill 1770 would change the 48 hour petition to 3 business days or potentially five days or even 6 days if you're looking at weekends or holidays. Then, if the petition is not granted within that three days, the minor must then again petition the court. The judge would then grant the hearing within 48 hours and would rule within an additional 24 hours, further delaying the judicial bypass."
Republican Senator Ellyn Bogdanoff of Fort Lauderdale says though she would support the bill at this time, she still had an issue with a provision in the measure that would change a minor's ability to go through the judicial bypass process. But, she says she would be willing to work with Senator Hays.
"When most minors are going for a judicial bypass it's usually a fear factor involved. And very often they're not going to necessarily file within their own jurisdiction, simply because there's a fear of the number of the people that they may know, and I would hope that you could work with me and perhaps Senator Joyner in perhaps broadening that a little bit."
Democratic Senator Arthenia Joyner of Tampa joined her voice in opposition with Senator Bogdanoff, addressing the minor's lack of privacy.
"I know in some small judicial circuits, heck, the judge knows the parent and the kid. I mean it may be two or three judges available so the fact that everybody in the court knows the kid because of high profile or small townness or the kid could be an outstanding kid that this happened and she wants it to remain confidential and is concerned about the fact that you've expanded the time frame."
But, Senator Hays did not say whether or not he would be willing to work with the both of them, and says the court most likely has provisions to protect minor's privacy.
"We have confidentiality standards and I fully expect that the court system has confidentiality standards as well. I would simply say Florida is known in many circles as the pill capital, we don't want to become the abortion capital."
The bill passed favorably 5 to 2, and heads to its last committee stop, the Senate Budget Committee.
The Full House will meet on Tuesday morning to look at several more abortion bills, including the companion measure to Senate Bill 1770.