February 5, 1997
A Mother Fights for Her Rights
The following article by Melodie Schlenker Gage first appeared in AUL Insights, Vol. 1, No. 1, Nov. 1990. Used by permission, Clarke D Forsyte, Esq., President, Americans United for Life, 343 S Dearborn St, Ste 1804, Chicago, IL 60604.
At a small junior high school in rural California, Virginia Preston met with her daughter's principal in early 1985. She asked him to inform her of anything that related to 14-year-old Erin, who had a learning disability.
After a sex education class in March, Erin told her homeroom teacher that she though she might be pregnant. The teacher and a colleague explained to Erin that she must act quickly to get an abortion and that she didn't have to tell her parents of the suspected pregnancy. The teacher sent a note to Mrs. Preston saying that Erin needed to stay after school, but instead drove the girl to a health center for a pregnancy test. The results were positive.
The teacher and her colleague then met to discuss how they would procure an abortion for Erin. Both the principal and the school superintenent allegedly were aware of Erin's pregnancy and her teacher's involvement, and neither notified the girl's parents.
Erin was taken to the welfare department where the teacher helped her apply for MediCal benefits to pay for the abortion. Mrs. Preston was led to believe her daughter had attended regular classes.
On March 22, during school hours, a rape crisis counselor took Erin to an abortion clinic for pre-abortion testing. Staff members didn't attempt to determine her level of maturity or understanding, but told her abortion was quick and easy and that her parents need never know.
On Friday, Erin's teacher sent a note home with her, asking if the teenager could babysit the next day. She explained that she would be out late and requested that Erin stay overnight at her home. But Erin didn't babysit. Instead, she was taken to Chico Feminist Women's Health Center for an abortion.
Erin kept quiet about the abortion. But four days later, Mrs. Preston received a phone call from the school nurse, who told her for the first time about Erin's abortion and its resulting complications. Erin was rushed to a hospital for emergency surgery.
The Prestons were angry, and rightly so. They had asked to be kept informed of their daughter's progress and concerns, but had been intentionally deceived. Erin and her mother filed suit against school and clinic officials. They charged that Mrs. Preston's constitutional right to rear her teenage daughter and Erin's right of parental guidance had been violated. They also charged that Erin's constitutional "right to choose" had been disregarded since those advising her had denied her any real choices.
Most of the school and clinic staff settled the case out of court, but the superintendent pressed for a decision, and a court ruled in his favor before the case went to trail. The California Court of Appeals upheld the lower court's ruling, saying that "as a matter of law the various conduct alleged is not 'extreme and outrageous'" solely because California law permits minors to obtain abortions without the knowledge or consent of their parents. The California Supreme Court refused to hear the Preston's appeal.
Before Erin's abortion, her teacher took 10 other girls to have pregnancy tests without their parents' knowledge or consent. And she accompanied at least one other teenager to a clinic for an abortion, again without informing the parents. School officials allegedly knew of this practice and permitted it to continue.
It doesn't just happen in California. The tragedy that Erin and her mother experienced could be repeated in any of the states which do not have parental involvement laws. Unless these safeguards are in place, no parent is guranteed the right to assist a pregnant teenage daughter in making an informed decision about her options.
Mother May I?
Bill Requires Parental Consent for Abortion
House Bill 37 sponsored by Rep. Pete Kelly allows enforcement of existing law requiring parental consent before an abortion can be performed on a minor. Parental consent is required under State law, which was approved by the legislature in 1970. However, a 1976 Attorney General’s Opinion declared the statute unenforceable as it lacks a judicial bypass provision which would enable a minor to receive permission from a judge as an alternative to a parent. Various Supreme Court decisions have held that judicial bypass is necessary if parental consent laws are to meet constitutional muster. HB 37 adds the necessary bypass.
In other states, parental involvement laws have had a positive impact, reducing both the number of abortions and the number of teen pregnancies. During the first six years Minnesota’s parental involvement law was in effect, the teen pregnancy rate fell 20.5 percent, teen abortions declined 27.4 percent, and the teen birth rate went down 12.5 percent.
HB 37 also upholds the rights of parents, which are uniquely disregarded in the area of abortion. Parental consent is required for virtually every medical procedure. An exception should not exist for abortion. In Alaska, parents must consent for children to receive aspirin at school, to go on field trips, or to get their ears pierced. But a teenager can obtain an abortion, even one paid for by the State, and the parents are not required to be notified of the fact.
A clear majority of Alaskans (78%) expressed support for parental consent legislation considered in the 19th Legislature. Parental involvement laws are on the books in 38 states and are enforced in 27 of these states.
Rep. Al Vezey is a co-sponsor of HB 37. Sen. Leman (Anchorage) has sponsored SB 24, the companion Senate Bill. Sen. Mike Miller has signed on as a co-sponsor.
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