Latest news with #minorsRights
Yahoo
04-07-2025
- Politics
- Yahoo
Supreme Court declines to revive Montana law that would require parental consent for minors to obtain abortions
WASHINGTON — The Supreme Court on Thursday turned away an appeal brought by Montana officials seeking to revive a state law that requires minors seeking abortions to obtain the consent of their parents. The state argued that the measure, which was enacted in 2013 but never went into effect because of litigation, should be upheld based on the right of parents to decide on health care decisions involving their children. The Montana Supreme Court struck down the law last year, saying it violated the state constitution, including a provision that protects the rights of minors. Conservative Justice Samuel Alito wrote a statement agreeing with the decision not to hear the case, saying it was a 'poor vehicle' but expressing some support for the underlying legal arguments. His statement was joined by fellow conservative Justice Clarence Thomas. In asking the U.S. Supreme Court to weigh in, Montana officials said the state high court's ruling was inconsistent with the right of parents to oversee the care of their children, which has been recognized under the U.S. Constitution's 14th Amendment. The law requires any minor seeking an abortion to obtain parental consent or a waiver that can be sought from a judge in certain circumstances. The state court ruled that 'a minor's right to control her reproductive decisions is among the most fundamental of the rights she possesses' and the state had failed to show how its own interests overcame those protections. Montana is an outlier among Republican-led states in that abortion remains widely available despite the Supreme Court's 2022 ruling that overturned abortion rights landmark Roe v. Wade. The Montana Supreme Court has long recognized a right to abortion under the state constitution, and in 2024 voters also approved a ballot initiative that protects the right to abortion. This article was originally published on
The Independent
15-05-2025
- Politics
- The Independent
Florida appeals court strikes down law letting minors get an abortion without parents' consent
A Florida appeals court ruled Wednesday that a state law that allows minors to get an abortion without their parents' consent is unconstitutional. A three-judge panel of the Fifth District Court of Appeal found that the state's judicial waiver law violates parents' Fourteenth Amendment rights to due process, citing the state's parental rights laws, a recent ruling by the Florida Supreme Court and the landmark 2022 U.S. Supreme Court decision that stripped away federal abortion rights. 'Whatever asserted constitutional abortion rights may have justified Florida's judicial-waiver regime in the past unequivocally have been repudiated by both the U.S. Supreme Court and the Florida Supreme Court,' reads the appeals court opinion penned by Judge Jordan Pratt and joined by Judges John MacIver and Brian Lambert. For years, anti-abortion activists and Republican state lawmakers have worked to unravel minors' rights to petition a judge to access the procedure in Florida, which bans most abortions after six weeks, before many women even know they are pregnant. The appeals panel flagged the case as 'a question of great public importance' for the Florida Supreme Court, which ruled in 2024 that a privacy clause in the Florida Constitution does not guarantee a right to an abortion. The three-judge panel sided with arguments made by state Attorney General James Uthmeier and ruled against a 17-year-old girl who is nearly six weeks pregnant and seeking an abortion without the knowledge or consent of her father. The appeals court affirmed a lower court ruling that the girl, who is only identified as Jane Doe, lacks the 'requisite maturity' to make the decision without a parent or legal guardian involved. The opinion said the decision was based on her lack of 'emotional development and stability, her credibility and demeanor as a witness, her ability to accept responsibility, and her ability to assess the immediate and long-range consequences of her choices."
Associated Press
15-05-2025
- Politics
- Associated Press
Florida appeals court strikes down law letting minors get an abortion without parents' consent
TALLAHASSEE, Fla. (AP) — A Florida appeals court ruled Wednesday that a state law that allows minors to get an abortion without their parents' consent is unconstitutional. A three-judge panel of the Fifth District Court of Appeal found that the state's judicial waiver law violates parents' Fourteenth Amendment rights to due process, citing the state's parental rights laws, a recent ruling by the Florida Supreme Court and the landmark 2022 U.S. Supreme Court decision that stripped away federal abortion rights. 'Whatever asserted constitutional abortion rights may have justified Florida's judicial-waiver regime in the past unequivocally have been repudiated by both the U.S. Supreme Court and the Florida Supreme Court,' reads the appeals court opinion penned by Judge Jordan Pratt and joined by Judges John MacIver and Brian Lambert. For years, anti-abortion activists and Republican state lawmakers have worked to unravel minors' rights to petition a judge to access the procedure in Florida, which bans most abortions after six weeks, before many women even know they are pregnant. The appeals panel flagged the case as 'a question of great public importance' for the Florida Supreme Court, which ruled in 2024 that a privacy clause in the Florida Constitution does not guarantee a right to an abortion. The three-judge panel sided with arguments made by state Attorney General James Uthmeier and ruled against a 17-year-old girl who is nearly six weeks pregnant and seeking an abortion without the knowledge or consent of her father. The appeals court affirmed a lower court ruling that the girl, who is only identified as Jane Doe, lacks the 'requisite maturity' to make the decision without a parent or legal guardian involved. The opinion said the decision was based on her lack of 'emotional development and stability, her credibility and demeanor as a witness, her ability to accept responsibility, and her ability to assess the immediate and long-range consequences of her choices.' ___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
