Court Committee Puzzled by New Abortion Restrictions
How does the judicial system best protect a minor’s identity and constitutional rights as she navigates the legal process to get an abortion without her parents’ involvement, while also complying with a new state law that makes significant changes to that process?
Those are the questions lawyers and judges are grappling with as they sort out the intricacies of House Bill 3994, which makes significant changes to the judicial bypass law that allows minors to obtain an abortion without parental consent. The Texas Supreme Court Advisory Committee, made up of 46 lawyers and judges, is charged with proposing rules for the court to consider as it implements HB 3994, which supporters argued closes “loopholes” in parental consent law needed to prevent minors from getting abortions by evading their parents’ wishes.
Reproductive rights organizations, which opposed the law during the legislative session, maintained that the law places additional restrictions on young, vulnerable Texans, many of whom have experienced trauma, abuse or neglect. According to Jane’s Due Process, a statewide organization that provides legal representation for minors, about 200 teens apply for a bypass every year.
At the Friday committee meeting, lawyers and judges discussed technical rules that stem from two major changes to the bypass process: the new requirement that a bypass application must be filed in the county where the minor applicant lives, and the removal of a provision that deems a bypass is automatically granted should a judge not rule on a case.
Read more: http://www.texasobserver.org/court-committee-puzzled-by-new-abortion-restrictions/
