A federal appeals court on Wednesday said an Alabama law that would have forced a minor seeking an abortion to go to trial โ with an attorney appointed for the embryo, in some cases โ was unconstitutional, upholding a decision from a U.S. District Court.
Under existing law, minors are required to have parental consent before receiving an abortion, but they can bypass that requirement by a process known as judicial bypass. However, a new Alabama law would have transformed that review process into a full-blown trial, allowing for the minor to be cross-examined and for the embryo or fetus to be represented by an attorney.
Reproductive Health Services, the named plaintiff in the case, argued that the law places an unconstitutional burden on minors, and particularly upon minors who may have been subject to abuse and who canโt safely obtain parental consent.
The Eleventh Circuit Court of Appeals agreed, saying the law would โcreate fear and anxiety for a minor.โ As such, the court determined that โthe Act constitutes an undue burden because it places a substantial obstacle on a large fraction of unemancipated minors who seek to obtain a court order authorizing an abortion without the consent of their parent or guardian.โ
The ACLU, which filed the challenge to the law, hailed the victory as another successful defeat of a law โlimiting accessโ to a legal medical procedure, and removing an obstacle to medical care for abused children.
โMost young people who need an abortion turn to their parents, but unfortunately we know them some canโt do so safely,โ Tish Gotell Faulks, ACLU of Alabama legal director. โThose (young people) that canโt must have an alternative that enables them to get the care they need without subjecting them to cross-examination by a district attorney and jeopardizing their confidentiality. We are pleased that as a result of todayโs decision that daunting prospect is off the table.โ
