In 2003, the state of New Hampshire passed a law requiring parental notification for a minor to obtain an abortion. At the time, it was the most stringent state parental notification law in this country. In 2007, that law was repealed under the leadership of Governor John Lynch as being unconstitutional because it did not include exemptions pertaining to emergency circumstances which could endanger the health and well being of the minor if an abortion was not obtained prior to parental notification. New Hampshire was the first state to repeal such a law.
This past March, the New Hampshire House of Representatives passed a bill with a vote of 256 – 102 to reinstate the law that would require parental notification for teenagers under the age of eighteen who seek to obtain an abortion. This bill requires health care providers to notify the parents by certified mail or in person at least forty-eight hours prior to the scheduled procedure. In lieu of parental notification, a young woman may also seek permission from a judge. In May, the bill passed the New Hampshire State Senate with a vote of 17 – 7. The bill was put in front of Governor John Lynch for his signature or his veto last Friday.
Yesterday, Governor Lynch vetoed the bill stating “The decision whether to complete a pregnancy or seek an abortion is a serious and life-changing one for any pregnant woman. Minors need and benefit from the support and guidance of their parents. However, any law must make reasonable allowances for cases where that is not possible. I am particularly troubled by the lack of an exception for the victims of rape, incest and abuse.”
A further objection raised by Governor Lynch was regarding the possible criminalization of abortions when performed on minors. Without a clear cut exception policy to the law, doctors would not be given “sufficient room to exercise their best medical judgment and proceed with an abortion when a delay would create a grave and immediate risk to the girl's health.” With the law as it was proposed, doctors and health care providers could be faced with the potential for criminal liability, potential incarceration and civil lawsuits due to a lack of clarity on how to comply with the law.
On the other side of the fence, proponents of this type of law throughout the country are very vocal in their advocacy of parental rights. The underlying whisper to their battle cries speaks of the “proven” reduction in abortions performed in states with parental notification laws. That statistic is misleading because there is no way to know whether teens seeking abortions traveled to nearby states where parental notification was not required. There is no way to know whether that statistic is based on periodic declines in the teenage pregnancy rate or perhaps better access to birth control – including the over the counter “morning after pill.” The steady focus on declining abortion rates as a part of parental notification seems not to speak of parental rights over their minor children but an end run towards the criminalization of abortion. Governor Lynch was right to be concerned with the repercussions for health care providers that a bill lacking clarity could bring.
Parental notification and consent laws are very controversial topics within the larger issue of abortion and reproductive rights. In following the story as it has unfolded in my state, I noticed an overwhelming amount of people who stated things similar to what State Senator Robert J. Letourneau had to say, “"You can’t get your daughter or son’s ears pierced under the age of 17 without parental consent; you can’t get a tattoo without parental consent. To me it’s unconscionable that you can’t give an aspirin to a child in school without parental consent, but they can have major surgery without parental notification!"
Conversely, a statement given by the Alan Guttmacher Institute in 2000 discusses that “...no state explicitly requires parental consent for contraceptive services; testing or treatment for sexually transmitted diseases including HIV; counseling and medical care for drug and alcohol abuse; or outpatient mental health services. In at least half the states, minors have the explicit authority to consent to contraceptive services and to prenatal care and delivery services. Moreover, 34 states and the District of Columbia explicitly permit a minor mother to place her child for adoption without her own parents' permission or knowledge."
In an ideal world, this would not be an issue. There would be no teen pregnancies or unwanted pregnancies. There would be no need for abortions at all. This is not an ideal world. Many young women who face an unwanted pregnancy are not in a position to speak to their parents about it. Disclosing their pregnancy or their desire for an abortion could subject them to emotional, physical, or sexual abuse. It could lead to homelessness and ultimately more severe mental health issues than women who undergo abortions are already susceptible to. I found that the majority of the parents who said things like “I would have a right to know” are also the parents who said things like “I would never have to worry about this, but…” A law of this magnitude should not cater to the young women who have effective support systems in place. It should cater to the disenfranchised young woman who would be in physical and emotional danger with mandated disclosure of the desire to undergo an abortion.
As a Christian woman, I know that I am “supposed” to be adamantly “Pro-Life.” Despite my faith in Christ and my conviction of the sanctity of life, I cannot endorse the political undercurrents of the Pro-Life movement. Fundamentally, I am anti-abortion, with a few exceptions. Politically though, I am vehemently Pro-Choice. It is that political conviction that makes me applaud Governor’s Lynch’s veto of this parental notification bill. I believe that if this bill was endorsed and written into law, it would have led to other infringements on women’s rights.
In the United States, the Pro-Choice movement grew out of the Women’s Rights movement beginning in the middle of the 19th century. In the earliest permutation of the movement, abortion rights were not supported, though abortion has been around almost since the beginning of written history. As early as the fourth century AD, writers spoke about the support of abortions if performed during the first ninety days of pregnancy. This time frame for abortion was based on the idea that the baby was not alive until the mother could feel the child move. This was the prevailing standard through the Middle Ages and was codified into the old English Common Law, until it was ruled in 1869 that all abortions were illegal.
In modern times, it was not until Margaret Sanger began openly advocating for a woman’s right to birth control in the 1920’s that the “unspoken secret” of the reality and practice of abortions began to be evaluated. In the 1950’s, discussions began in the medical community about legal access to abortions for maternal physical and mental health reasons – which included pregnancy caused by rape or incest, if the continuation of a pregnancy would endanger the life of the mother or in the case of severe fetal defects. Mississippi was the first state to legalize abortion in 1966, followed soon after by California and Colorado in 1967. Sixteen states had voted to legalize abortion by 1970 – three years prior to the national legalization procured by the 1973 Roe V Wade case.
One of the realities of this polarizing issue is that both sides fundamentally work towards the same goal – reducing the number of abortions performed in this county. Each side has drastically different methodologies, but it is still a unifying goal that too often seems to be missed. Messages such as abstinence from sexual activity and options like adoption come from both sides of the fence when seeking to counsel a woman who has found herself with an unplanned or unwanted pregnancy.
A great myth for people who seek to enhance political divisiveness is that organizations such as Planned Parenthood receive greater funding with the greater number of abortions performed. As a woman who sought counseling from Planned Parenthood ten years ago with an unplanned pregnancy, I can tell you that in no way was I pressured to have an abortion. After my “official” test came back positive, I was simply and kindly told “You know your three options.” I was given referrals to health care providers to work with to have a healthy pregnancy. I was provided with an enormous amount of information about community resources like WIC and centers that had parenting / play groups. I was given a small packet on adoption resources. In all of the information I received from Planned Parenthood, there was nothing about abortion. Perhaps the nurse had seen enough women to know when someone would lean more towards abortion. Perhaps she knew that even though I had disclosed my daughter’s father was urging me towards abortion at the time, I would choose my child’s life. Maybe if I had been someone else, I would have received different information. All I know is that my experience with Planned Parenthood was exactly what I needed it to be in the vulnerable state that I was in. I would hope that everyone who has dealt with Planned Parenthood could say the same.
The goal of the Pro-Choice movement is ultimately to make sure that individuals have unlimited autonomy with respect to their bodies and their reproductive processes. To that end, the Pro-Choice movement advocates for all the choices available to individuals to remain legal, regardless of personal, moral or religious conviction. The Pro-Choice movement advocates for celibacy and abstinence, access to effective sex education, access to and education about contraception use, emergency contraception procurement and use, abortion, adoption and the right of a woman to bear children. The Pro-Choice movement has been instrumental in procuring the rights for women to gain access to necessary medical care like cervical cancer screenings and mammograms. The Pro-Choice movement also works to eradicate violence against women and helps to provide women with advocacy for protection under the law.
As a parent, I look at my nine year old daughter and think that I only have nine more years of being “legally” responsible for her and her care. In those nine years, I want to do all I can to keep her safe, happy and healthy. I would like to think that my daughter would not be faced with an unplanned pregnancy as a teenager. In this highly sexualized society, children feel compelled to have “girlfriends” and “boyfriends.” They feel compelled to act out these mini dramas in their lives based off of what they see on TV and in movies. I would like to think that the foundation I am laying now by telling my daughter that she is too young for such behavior will ultimately give me credibility when I discuss abstinence with her.
At this stage of my relationship with my daughter, I seek to empower her to begin to make her own choices. I also try to instill in her that she can trust me with anything. As she gets older, I will strive to have the kind of relationship with my daughter where she will know I love and support her no matter who her decisions are regarding her sexual and reproductive health. I hope that support will mean discussing how to stay strong in the face of ridicule over choosing to be abstinent. However, if that means assisting her in obtaining reliable contraception, I will do that. If it means holding her if she ever decides to have an abortion, I will do that. I will love my daughter through all of her choices. She will be safe and supported to make the choices necessary to her – which is more than many other young women currently have and more than many of her peers will have.
The bottom line is that though I feel that deep instinctual pull of “I have a right to know what goes on with my child”, my desire to protect her right to make her choices is stronger. Right now, one of my jobs as a parent is to protect my daughter as she grows. One day, that will begin to change and my job will be less about protecting her and more about advocating for her right to make the choices she needs and desires for her life.
Governor Lynch’s choice in vetoing the parental notification act was the most just thing he could have done while the bill was in its current form. I thank him for my daughter and granddaughter’s generation.
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Have to say, what a woman does with her unwanted pregnancy should be nothing to do with anyone else. If she wants to abort then it is never something a woman chooses lightly, but should still be her decision alone.
ReplyDeleteI have a problem with government, law-makers and religious bodies thinking they have the right to tell us what to do when it comes to such personal situations. They are thinking only of themselves, how it will affect their ratings, not how it will affect the individual.
The problem here comes in those grey areas, of rape, incest, serious handicap of the baby or of the mother. Who has the right to decide if the mother is incapable of the decision?
I don't honestly think it is the parents. They are too close to the situation and will act out of emotions clouded by love. For example - What of the Down's child who becomes pregnant? She may be perfectly able to care for the child, perhaps with a degree of supervision, but it would be possible for the parents to pressure her into aborting because they don't want her to struggle or be tied down with a baby when they think of her as little more than a baby herself.
I'd like to see a totally independent body, perhaps made up of women who have gone through the situation themselves, ordinary women with no axe to grind, and for those women to be the ones who help make decisions for those who are incapable, for whatever reason, of making the decision for themselves. Perhaps it could even be anonymous to prevent any comeback on the women by the aforementioned groups who think they know better.
For myself, as a mother, I've had two daughters who had unplanned pregnancies. Sadly, one lost her baby before we could really begin to deal with the situation. The other produced my beloved grandson and is in a stable partnership with the father. My role was to allow them to talk through their options, to give what advice I could and to then stand back and let them make their decisions, ready to support them through whatever they chose to do. That is the role of any parent, not to step in and tell them they will do it a certain way, the way the parent wants and to make their lives difficult if they do not comply. I've seen that happen too often and it does not go well.
Phew, serious subject to write about when I've only been awake half an hour! It a very contentious issue and I am sure you will have provoked many different responses, Michelle. I really enjoyed reading the piece as it was so well written and researched. Thanks for sharing and I look forward to reading lots more from you as time goes on :))
@Mojo Writin'
ReplyDeleteI agree with you about it should be a woman's choice in one way. I believe in the sanctity of life, but I can understand where abortions take place for the health of the mother, when the conception is due to rape or incest or if the child has a fatal birth defect. I don't believe that any legislature has the right to determine what I do with my body.
I love the idea of a group of women to help. I would also include men though. Maybe men who have lost children or men who have assisted in making the decision to abort. We need to focus on the woman but need to not forget about the men, you know? :-) It affects them too.
You sound like the kind of Mom I hope to be when Liv is an adult. :-) Thanks for coming by. :-)
Interesting post. When it comes to choices, it's all very personal and I couldn't begin to tell someone else what to do. People are quick to say, "Absolutely no abortions under any circumstance" yet will deny funds and/or support to help women raise children who were born as a result of an unwanted pregnancy.
ReplyDeleteHaving two daughters who have each completed high school, I can honestly say that a lot of girls choose to not have sex and that is socially fine. My daughters were never pressured to have sex in order to be cool.
Joyce
http://joycelansky.blogspot.com
This is an interesting thing. There are some teenagers that don't want their parents (or anyone as a matter of fact) want to know about their pregnancy. That's why there are so many abandoned babies at birth which is rather sad.
ReplyDeleteI'm pro-life only because my other half doesn't want any children. I'm just lucky that I had a child before meeting him or else I'd be childless today. Even though I am pro-life, I am pro-choice more because it is a woman's prerogative to choose what they want to do with their body. We don't know the situation per se. Their partners could back out of wanting responsibility and such. It does happen.
I rambled. Great post.