A women's clinic in Montgomery, Alabama, that performs abortions.
You may remember when Alabama passed this extremist law back in the spring. At the time, Alabama already required that a juvenile seeking an abortion must have permission from her parents or guardians unless there are reasons—such as sexual abuse by a parent—that such consent cannot be obtained and even asking for it can be risky for the girl involved. In such instances, in 36 states including Alabama, she can petition the court for a "bypass" hearing at which a judge rules on whether she is or is not mature enough to make her own decision in the matter.
The new law this year adds several provisions specifically designed to make getting an abortion more difficult. It puts the minor on trial. Judges have previously been allowed to appoint a lawyer for the fetus, but that combined with the highly intrusive—some would say grueling—nature of such a procedure makes a mockery of something meant to protect minors' rights and interests. The American Civil Liberties Union has filed suit to block the state from putting minors on trial in this way. As noted here last Thursday:
But under Alabama’s new law, this bypass process is significantly more difficult for teens. In its suit, the ACLU contends that the new law “radically alters the judicial bypass process in a wholly unprecedented manner that goes well beyond any judicial bypass statute that has ever been upheld by a federal court.”
Now, the state is allowed to call teachers, parents, neighbors, boyfriends, or peers to testify against the teenage girl, even if that means disclosing her pregnancy to people in her life who didn’t previously know about it. Alabama may also hire someone to represent the fetus’ “best interests” in court. So the new law ultimately ensures that a minor who needs an abortion and isn’t comfortable telling her parents will be up against the whole legal system. She’ll be forced to defend herself against a district attorney who’s arguing she’s unfit to make this decision on her own.
Molly Redden at
Mother Jones points out that a few Alabama judges have in the past appointed lawyers to represent fetuses. In fact, the first instance of this occurring was in 1987. The questioning of pregnant minors can be sickening, Redden writes:
Julianna Taylor, a Montgomery, Alabama, attorney who represented many minors pro bono, recalls that lawyers for fetuses would "give these hypotheticals: 'What if I could promise you that this child is going to have a beautiful, happy life with a loving adopted family? Would you kill a child that was already one year old?' Really? Here you are making a huge decision, a huge decision for a teenager, probably the biggest decision that they'd ever have to make, and you're going to ask them questions like that?"
Defeating these terrible laws like Alabama's—which, as with every other forced-birther law, will no doubt spread to other states—means fighting to elect more pro-choice legislators. In the war on women and girls, choosing progressive, pro-choice women will have an impact up and down the ballot.
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There's more to this story below the fold.
State Judge Walter Mark Anderson appointed lawyers to represent fetuses regularly in the 1990s and 2000s. He appointed wealthy trial lawyer Julian McPhillips, a leading forced-birther, for this task in dozens of bypass hearings. Here's an example of McPhillips at work on a 17-year-old minor in 1999:
McPhillips: You say that you are aware that God instructed you not to kill your own baby, but you want to do it anyway? And are you saying here today that notwithstanding everything that you want to interfere with God's plan for your baby?
Minor: I think that is between me and God.
McPhillips: And you are not concerned after you have had the abortion that some day you may wake up and say my gosh, what have I done to my own baby?
Minor: It may happen.
McPhillips: You are not worried about being haunted by this? Here you have the chance to save the life of your own baby. ... And still you want to go ahead and snuff out the life of your own baby?
Minor: Yes.
One trick these lawyers typically employ is naming the fetus. In the case above, McPhillips called the seven-week-old "Baby Ashley."
The decks are stacked against minors already. The new Alabama law makes that significantly worse. A 17 year old may be able to hold her own under cross examination, as in the case recounted. But what of 14 year olds? The Alabama law that will transform what is supposed to be a nonconfrontational process helping minors get through a difficult situation into a trial at which witnesses, including hostile family members, may fight her in the courtroom is a travesty all too typical of the forced-birther agenda.
Help us elect Democratic candidates who will stop this malicious nonsense.
Voting by mail is convenient, easy, and defeats the best of the GOP's voter suppression efforts. Sign up here to check eligibility and vote by mail, then get your friends, family, and coworkers to sign up as well.