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Obstacle to Abortion Law Topples

by: Melanie Brandert  |  The Argus Leader

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A pro-choice protestor bares her stomach. Following a recent federal appeals court decision, states are now allowed to require that doctors tell their abortion patients that they are terminating a human life.
(Photo: Getty Images)

    Ruling blocks injunction against state's informed consent process.

    Argus, South Dakota - A federal appeals court decided Friday that a state law requiring abortion doctors to get written consent from women who want an abortion should be enforced.

    Physicians who perform abortions now will be required to gain a pregnant woman's written consent, a process that includes informing her that abortion will terminate a human being's life and will end her constitutional rights to her relationship with the fetus, and about known medical risks such as depression and suicide.

    The 7-4 decision by the 8th U.S. Circuit Court of Appeals sends the case back to U.S. District Judge Karen Schreier of Rapid City for proceedings that will result in a decision on whether the law passed by the 2005 South Dakota Legislature is constitutional.

    Schreier temporarily had prevented the law from taking effect while she decides the case. She had ruled that opponents had a fair chance of succeeding in their claim that the law violates doctors' free-speech rights by forcing them to tell women things the doctors might not believe.

    A three-judge panel of the 8th Circuit agreed with Schreier, but the full appeals court threw out her order. It said Friday that Planned Parenthood, which operates South Dakota's only abortion clinic in Sioux Falls, has not provided enough evidence that it is likely to prevail.

    Mimi Liu, a lawyer for the Planned Parenthood Federation of America, said such rulings generally require about three weeks to take effect.

    South Dakota Attorney General Larry Long, who is defending the law in court, agreed that the state probably can begin enforcing the law in three weeks or less. "It won't be very long."

    Kimberly Martinez, executive director of Alpha Center, said it is nice to know that when a woman receives information and thinks abortion remains an option, she will hear it at the abortion clinic and from her doctor.

    "We talk about informed decisions, how important that is and this is the woman's right," she said. "Let's let this woman choose with all the information so she can make the best choice for herself and her unborn child."

    Kate Looby, Planned Parenthood executive director, said the law is not about providing women with accurate information and adds to the list of already restrictive abortion laws.

    "It's about government interfering in the private communication between doctor and patient," she said. "Planned Parenthood has always believed and worked to ensure that everyone receive sound, medical, accurate, science-based information to make the best health care decision regarding her unique circumstance."

    Casey Murschel, executive director of NARAL Pro-Choice South Dakota, called Friday's appellate decision a blow to patient privacy. "We all agree that a woman considering abortion, like any patient, should receive from her doctor full and unbiased information about a range of medical options, but the law in question puts politicians into the examining room," she said.

    Looby said Friday night that she would need to consult with Planned Parenthood's legal counsel about any further appeal.

    -------

    The Associated Press contributed to this report.

  

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Comments

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If I were an "abortion

If I were an "abortion doctor" (a strange and pejorative term in itself) practicing in SD, I would not only comply with this bizzare, restrictive law, but would add an additional clause to the document to be signed by the woman requesting an abortion; namely, that the woman clearly understands that the reason for the need to sign such a document is to avoid offending the religious fanatics who infest the unfortunate state of South Dakota.

If I were an "abortion

If I were an "abortion doctor" ( an odd and pejorative term in itself) in the state of SD, I would not only comply with this law as promulgated by the religious fanatics in the SD legislature, I would add a clause of my own to the document to be signed by the woman desiring an abortion; namely, that she should also understand quite clearly that the need to sign such a document derives from the desire of those fanatics to control the reproductive lives of the women in SD and to avoid being offended by sensible women who wish to won their own bodies.

"... [to] gain a pregnant

"... [to] gain a pregnant woman's written consent, a process that includes informing her that abortion will terminate a human being's life and will end her constitutional rights to her relationship with the fetus, and about known medical risks such as depression and suicide." Would this include telling a woman who has been raped that the unborn "human being" will have half the genes of the criminal who raped her? (or in the case of incest a few percentage points more!) How about that she'd be ending her constitutional right to her relationship with this "little person" who she could have seen grow up to become another monster. [or as an alternative, she could offer it up for adoption and have someone else raise the monster and deal with the consequences.] Perhaps it also includes quoting the known medical risks after rape such as depression and suicide. There are also known medical risks that go along with pregnancy, particularly an unwanted one. Lastly, lest we forget, there there should be the reminder that there is the known stigma in society to a woman who raises a child who is a problem to that society. Should that child grow into a community rapist, she could no longer end her "constitutional right to her relationship", but would be forced to become a pariah in her own community for having birthed the rapist.

Even though I support any

Even though I support any woman's RIGHT to have an abortion, I have no problem with her being fully informed of the facts and stating it so. This seems to me a non-issue.