Texas judge says 'no' to insane new abortion law
By Virginia SmithAugust 31st, 2011, 10:30 amComments (33)
A judge in Texas has struck down key provisions in a law, set to go into effect tomorrow, that would have required doctors to show women sonograms of their pregnancies prior to granting them abortions. The ruling from U.S. District Judge Sam Sparks upheld the requirement that doctors perform the sonograms, but struck down provisions that would have required women to view the sonogram unless they gave a statement that the pregnancy had been the result of rape or incest.
In his ruling, Sparks called the law a violation of First Amendment rights for doctors and patients alike, adding that states cannot force women to disclose information to police against their wishes:
"[The provision] compels physicians to advance an ideological agenda with which they may not agree, regardless of any medical necessity and irrespective of whether the pregnant women wish to listen," Sparks wrote, continuing, "[It] is difficult to avoid the troubling conclusion the Texas Legislature either wants to permanently brand women who choose to get abortions, or views these certifications as potential evidence to be used against physicians and women."
Frankly, it's too bad that any aspect of this law was upheld, but it's nice to see that there are, in fact, still legal authorities that are still willing to act like rational adults when it comes to this issue. And in Texas, no less!
Commentarium (33 Comments)
I don't think abortions should be illegal, but there would certainly be fewer if more women actually saw what they were about to destroy. And fewer abortions cannot be a bad thing.
Uh, yes it can be a bad thing: when it means violating the principles of the Bill of Rights. Which is exactly what the Judge ruled.
How do you know there "would certainly be fewer [abortions] if more women actually saw what they were about to destroy"? Are you referencing research on this question that demonstrates as such, or did it just sound good, so it must be true...right? Your second statement is equally thoughtless. There are many situations were fewer abortions could be a bad thing. For example, if fewer abortions led to more abandoned children, or fewer abortions led to more women to leave their infants in dumpsters to suffer and die. Hey look, I just came up with two hypothetical situations were fewer abortions would be a bad thing.
Regardless, even if sonograms were conclusively shown to reduce the number of abortions (and if we assume this has to be a good thing), it would in no way justify the state requiring doctors to force their patients to receive an unnecessary medical procedure.
And, since you think fewer abortions is a good thing (as we all do), will you also demand better sex education in our schools? That REALLY HAS been proven to work.
I'm with you on generally being anti-abortion, but this law clearly violated the First Amendment. You can't compel speech any more than you can force it.
@MRAGH: When I read your comment, it made me think about all the other kids I knew growing up. The ones who's parents obviously resented/hated them.
"if more women actually saw what they were about to destroy" - women know what they're doing when they have abortions, and they've pretty much all seen babies (so they have some clue what that fetus will eventually look like). the whole point of abortion is to not have a baby (at that time, in that place, for whatever reason the woman has). forced ultrasounds - and your comment - imply that that the silly/stupid womenfolk just don't know what they're doing, and would make different choices if they did. so let's be clear - women know what a baby is, and that being pregnant involves (a potential future) one; otherwise they wouldn't be seeking an abortion in the first place. don't even get me started on the fact that the vast majority of abortions are early enough to require transvaginal ultrasound for a proper viewing, which requires the woman to have something inserted in her vagina at the state's compulsion. it's not all happy belly pictures, people.
Even though I do not condone abortions.
Some people are not capable nor should raise a child.
Even though it is their own decision and entitlement.
Ultimately becomes public responsibilities.
Which contributes to our crumbling today society.
it's: "which contributes to our crumbling society, today." Clearly, education is also crumbling. Er, continues to.
You cannot legislate morality. Lets use our resources to stop unwanted pregnancies and then we can all be satisfied with the result.
thanks for making sense
Actually, by law, you CAN legislate morality. Where do you think the courts and particularly - the human rights bill- derived from. Result comes from precaution and understanding of all cultures of pretense not pretense of culture. Julian - you should know better than to reinforce tiny minds.
One more reason I'll be voting straight Democratic until the Republican Party comes back to reality.
Abortions help us all. Crime goes down as abortion increases. Strong correlation that makes sense: all those poor kids couldn't grow up to mug you or rape you.
Troll
@ggg let me guess, besides being in a state of troll you're a racist cunt. You think poor kids grow up to be muggers and rapists? Fact: Those who bind law and are employed to rule law are first to break them. Fact: Caucasian is now a minority. Ethnicity is a majority. Those who have nothing better to do ie. rich white kids that smoke up all day long are first to create injustices. Even if they are middle class earners. And the correlation actually is: Employment increases, crimes committed decreases. And it's arrogant to assume that it's "poor kids" that can't grow up to mug or rape you. Fact: Rape is usually committed by someone close to you family or kin like people. Abortion decreases when those involved, take responsibility and you @ggg should take responsibility in being less racist and more educated. Thank you!
Who is going to pay for the mandatory sonograms? Why even do them if the woman doesn't want to see the results?
Abortion is green, and anal sex is good for the environment.
For the environment!!
All I can say is that I was unequivocably prochoice until I saw enough photos and videos of what actually goes on, and what is being removed, during an abortion. Anyone considering one should fully understand what they are about to do.
And yes, I wholeheartedly support unrestricted sex education. Why we as a culture expend so much energy to ignore or outright deny how we work is beyond me.
See? They're all not ignorant down there.
A picture of a blob on 2x4 inch piece of paper isn't really going to stop me from having an abortion. In fact, by the time I'm at the clinic, my mind is made up. I'm not for using abortion as a means of birth control, but accidents do happen. Why waste more money and time when the girl clearly doesn't want the future child?
The biggest problem (IMO) is that by the time a lot of women have made up their minds, it's quite a bit more than a blob. A simple Google search will reveal photos and videos that will shock you.
As I alluded to earlier, I have never advocated for overturning Roe v. Wade, not before and note now even though I would consider myself generally anti-abortion (but still pro-choice, to a degree). I am, however, firmly of the opinion that abortions beyond the first trimester or thereabouts should not happen outside of a risk of death or severe injury to the mother. If you can't take responsibility in a timely manner then you deal with the consequences.
And another important step we need to take is to make the morning-after pill(s) readily availablke over the counter, and inexpensive. If you think there's even a remote chance then get yourself to Walgreens. If only it were that simple, but I feel strongly that it's a big step in the right direction.
i recently took a friend to the clinic and paid for her abortion. the guy she was with took off the condom without her knowledge. she had taken the morning after pill because she was aware that conception was a possibility. it didn't work. she knew she was pregnant within a few days of her missed period and the guy promised to pay for the abortion since she could only find work part-time at minimum wage (yeah, no health insurance either so no BCP). he didn't come through for her, so i took her when she was at nine and a half weeks. if i hadn't done this, i don't know that she would have been able to get a first trimester abortion. not every situation is this complicated, but i use this as an example to show that there are a lot of other factors that go into someone's ability to 'be responsible.' and maybe it's also important to keep funding for planned parenthood so that women have education and access to birth control that they control when they cannot afford insurance.
obviously, i'm pro choice. if we made every pregnant woman carry to term we would be overpopulated. there wouldn't be enough jobs for everyone and there would be a much larger lower class. moreover, before all of our medical breakthroughs and vaccines, children died all the time. we're kinda playing god by preventing disease and death, so the scales need to be balanced somehow. those who feel that abortions should not be performed need to adopt the kids in the foster care system that are already here and put some meaningful action behind their words.
and, i agree that the sonograms should be conducted before every abortion. i think that can be deemed medically necessary for the woman's health.
"before all of our medical breakthroughs and vaccines, children died all the time. we're kinda playing god by preventing disease and death, so the scales need to be balanced somehow"
That is the sickest justification for abortion I have ever read. Obviously I'm pro life 9with an adopted child no less!), but I can understand the people who are not convinced that fetuses achieve personhood. However, the idea that medical science has saved "too many lives" and needs to be balanced out by culling the "lower class" is disgusing.
Ella,
Thanks for the beer and the wonderful conversation on your back porch. I really enjoyed it.
Good luck working through everything. You've got a lot on your plate.
I'm still thinking about your hug and your kiss...
-B
For those who are for abortions just remember, you're mom could have had an abortion.
And wouldn't that have bummed us all out to the max? Oh wait...
"don't even get me started on the fact that the vast majority of abortions are early enough to require transvaginal ultrasound for a proper viewing, which requires the woman to have something inserted in her vagina at the state's compulsion."
WOW! When you put it that way I feel even more angry about it.
@ college_kid
My mom was planning on aborting me if I had the same disease that my older brother died from within a day of birth. I fully support her right to do so & my heart breaks for her having had to go through the experience.
The reason they have the whole of mexico moving to USA is because USA is so evil it killed 50 million humans in abortion clinics..
That was the work force for the next generation now gone..
Abortion is murder..... And those women who have abortions have a much much higher risk of breats cancer due to hormonal imbalances caused by ripping a living baby out of her body....
Also after they die thankfully they will have to face the full force of hell...
I hate people from USA.. you assholes need to shut your disgusting mouths..
All you do is obesses with sex and pervesions and talk about weird shit.. how can you useless uneducated TV wacthing trash comment on morality.. when you had a war going for ten years.. and your to lazy to even go and protest it..
No all you can do is argue for your rights to murder people who cant defend themselfs..
Its quite clear americans are monsters and trash.. killing 1 million iraqs now.. they need to shut their fat evil stupid asses up..
and please all pro abortion advocates.. can you go and kill yourselfs please to save the worlds resources?
PLz do ... i think its the worlds right that you stop wasting oxygen you scum bag trash.... dont hit me with your warped perverse satanic phychology either which says abortion is right and bombing people with camels from 30 thousand feet is brave..
Burn in hell you brain washed morons...
har har har. great dinner conversation. so, why isn't there a real doctor weighing in on the consequences of ruling the fifth and shall one say that, apparently, sticking something up a persons vagina isn't irresponsible to joke about. It really does depend on each situation but perhaps if the males stop denying they had anything to do with a pregnancy and took legitimate time to discuss things or simply, OWN UP to it like "D" proclaims, it wouldn't be an issue. After all, it is the state of Texas. There is a church or two on every corner. They're richer than Starbucks.
This is obviously an undue burden for the woman. She has to pay the cost of the Sonogram and get a huge stick stuck up in her private area just so she can hear and see something that isn't even developed into anything human yet? And the doctor no matter what he is trained to do must now perform this on their patients? This is an outright absurd law... Only in Texas. This isn't going to work... Why not just educate, use words instead of money and forcing things up women's private areas... cause that's what they are going to have to do if they want to get any images or even hear anything.
Now you say something