Friday, May 13, 2005

Choice Takes a Hit (Again)

Recently it was released that Bush advisor Dr. Hager wrote a "minority" opinion on the subject of approving Emergency contraception for over-the-counter use. The "doctor" who recommeds bible passages to deal with PMS among other things, is firmly anti-choice. The FDA voted to approve EC for OTC use, but its recommendation was ignored, only the 2nd time in 50 years that has happened.

Read more about that by clicking on the link in the above article.

Session in Florida ended with the passage of three severely anti-choice pieces of legislation. In addition nationwide, the new trend in pharmacies is to deny women their birth control or prescribed emergency contraception. Oh, and of course, it's still not covered by insurance.

This is just a little wake up call. Here is a summary of the Florida legislation from Planned Parenthood of Florida:

Parental Notification:

The Parental Notice of Abortion Act passed in both the Senate and House, and its terms are as follows:

* The referring or providing physician must attempt to provide “actual” notice to the parent or legal guardian in person or by phone. If they are unable to provide actual notice after a reasonable attempt, then they must provide “constructive” notice by certified mail.

* The bill also has a judicial waiver of notification process and the Supreme Court is requested to develop rules and forms for the process. Any minor regardless of age can petition the court for a judicial waiver. The minor can go to any circuit court within the jurisdiction of her District Court of Appeals in which she resides (there are only 5 districts in FL) and present any relevant evidence. The court is not required to appoint a guardian ad litem, but it may provide an attorney for the minor at no charge to the minor.

* The court must rule within 48 hours after the minor’s petition is filed. The judge must grant a waiver of notice if the minor is found to be sufficiently mature to decide whether to terminate her pregnancy, if the minor is a victim of sexual or child abuse by a parent or guardian, or if it is in the best interest of the minor.

* A doctor may provide an abortion to a minor in a medical emergency without noticing the parent. Parental notification is also waived if the minor is or has been married, or has a minor child dependent on her.

* The law takes effect on July 1, 2005.

Unborn Quick Child:


Prior to the passage of this bill, current law stated that if a woman is injured in a criminal act that results in death, it was one act of murder. If that woman was pregnant with a “quick child” and lost her pregnancy, the loss of the pregnancy was one act of manslaughter. The term “quick child” was not defined in statute, but case law defined it as when the woman felt quickening or movement in the womb (about 16 weeks). The new law changes the term to “unborn quick child” and makes the termination of pregnancy through an injury to the woman an act of murder (1st, 2nd, or 3rd degree) but it statutorily redefines an “unborn quick child” as a viable fetus, which is when the fetus can live on its own outside of the mother’s body (roughly 24 weeks). It is important to note that a murderer could go to jail for 25 years to life just for “killing” a viable fetus regardless of whether the woman dies during the violent act. However, if both the woman and the fetus “die,” then the two sentences would be served concurrently and not consecutively. Upon the Governor’s signature, the law takes effect on Oct. 1, 2005.


Clinic Licensing (TRAP) Bill:

This bill increases the licensure and regulation requirements for clinics that provide 2nd trimester abortion procedures. Realistically, most of the provisions in the bill are already required of clinics by the National Abortion Federation (NAF) or by Planned Parenthood, so most clinics will have an easy time complying with the regulations. Upon the Governor’s signature, the law takes effect on July 1, 2005, but there is another provision in Florida Law that says that no rules under this chapter can be enforced for a year upon passage.


The bottom line is choice is being eroded all over the place and we need to step up the action to prevent that. Pensacola is hosting an "It's Great to Wait" rally this month to advocate abstinence, which is great and all, but education is better.

I'd like to see the Lean YDs getting more involved with these issues instead of just watching them happen. If you are interested, please e-mail me or call me to brainstorm.

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