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OMAHA, Neb. (AP) — In a split decision released Friday, the Nebraska Supreme Court rejected a 16-year-old ward of the state's request to waive parental consent to get an abortion, saying the girl had not shown she is sufficiently mature and well-informed enough to decide on her own whether to have an abortion.The girl, who is not named in the opinion, was living with foster parents this year when a juvenile court terminated the parental rights of her biological parents, who had physically abused and neglected her. In a closed hearing this summer, she told Douglas County District Judge Peter Bataillon she was 10 weeks pregnant and asked for a court order allowing an abortion. She said she would not be able to financially support a child and feared she might lose her foster placement if her foster parents, whom she described as having strong religious beliefs, learned of her pregnancy.Her attorney, Catherine Mahern of Omaha, argued that the girl didn't need anyone's consent for an abortion under the regulations of the Nebraska Department of Health and Human Services, which states that "if a ward decides to have an abortion, the consent of the parent(s) or Department is not required," although notification of the parents of the abortion might be required.Nebraska law was changed in 2011 from requiring minors to inform parents of an abortion to requiring them to get the written, notarized consent of a parent or guardian. Exceptions are limited to cases of abuse by the parent or guardian, medical emergencies and instances in which the minor is sufficiently mature and well-informed to decide whether to have an abortion.Bataillon rejected the girl's request, saying that for the purpose of her case, her foster parents would serve as her guardians — even though, under Nebraska law, the department is considered the guardian of wards. Bataillon also found that the girl had not shown she was mature enough to make the decision to seek an abortion.
In the 5-2 opinion, the majority sided with the judge, saying that the abuse exemption does not apply to the girl, finding that a pregnant minor must show, for the purpose of waiving parental consent, that any abuse occurred at the hands of a current parent or guardian. It also found the girl did not prove she was sufficiently mature or well-informed enough to decide to have an abortion.
I'd be more sympathetic if people here didn't act like they knew what they were saying when they were saying something very much wrong.
Commenter Brendan Rizzo is an American (still living there) who really, really hates America. He used to make posts defending his country from anti-American attacks but got fed up with it all.
No matter what happens, no matter what my last words may end up being, I want everyone to claim that they were: "If you strike me down, I shall become more powerful than you could possibly imagine."
Aww, you guys rock. I feel the love... and the pitchforks and torches. Tingly!
I sympathize completely. However, to use against us. Let me ask you a troll. On the one who pulled it. But here's the question: where do I think it might as well have stepped out of all people would cling to a layman.
"I don't give a fuck about race...I'm white, I'm American, but that shit don't matter. I'm human."
Guys, this is getting creepy. Can we talk about cannibalism instead?
Why not? Skyfail's over there but he's been banned from the Politics and Religion section on the grounds he's a cunt.Ironbite-fun place even if you're not that much into Transformers like I am.
Doesn't Nebraska have baby moses laws so she can give up the child easy Although many times it is mistaken for child abandonment
Quote from: ironbite on October 08, 2013, 05:38:46 pmWhy not? Skyfail's over there but he's been banned from the Politics and Religion section on the grounds he's a cunt.Ironbite-fun place even if you're not that much into Transformers like I am.Wait, you're telling me that a Transformers fandom forum has their own section on Politics and Religion?>_>