House Bill 63 / Senate Bill 8 - Judicial Bypass Legislation
How you can help:
Call Gov. Kasich at (614) 466-3555
and tell him to veto HB 63, Judicial Bypass legislation.Judicial Bypass Talking Points
When a young girl or teenager becomes pregnant, we are hopeful that she will be able to confide in her parents and explore the best options available to her. Unfortunately, that is not always the case. Some girls do not have a loving, caring relationship at home and could be at risk for violent reactions when a parent finds out she is pregnant. For cases such as this, a judicial bypass is a legal process by which a court may grant her the right to obtain an abortion without her parents being contacted.
In order for a minor woman to obtain an abortion, current law (O.R.C. 2919.121) requires the written informed consent of the minor and at least one parent, guardian, or custodian. Other than being emancipated, the only way a minor may obtain an abortion without parental consent is by obtaining a court order, known as a judicial bypass, stating that she is sufficiently mature and well-informed enough to make her own decision or that an abortion is in her best interests.
What HB 63 / SB 8 will do:
HB 63 / SB 8 would create additional burdens on minor women seeking abortion care.
In addition to the current requirement that a court determine the minor’s level of maturity to make her own decision, HB 63 / SB 8 would also require the court to:
- "specifically inquire about the minor's understanding of the possible physical and emotional complications of abortion and how the minor would respond if the minor experienced those complications after the abortion” and
- “specifically inquire about the extent to which anyone has instructed the minor on how to answer questions and on what testimony to give at the hearing.”
Given that a judge must already hear evidence about the possible consequence of the abortion, this provision seems to require that the judge make a more detailed inquiry into the state of the science regarding “the possible physical and emotional complications of abortions.” This is problematic for a number of reasons:
- There are individuals and organizations who are opposed to a woman’s right to choose who continue to advance unproven theories about the effect of abortion on women.
- This could make judges hearing requests for a judicial bypass believe they would have to hear expert, scientific testimony prior to ruling on a minor’s petition.
- In addition to turning the bypass hearing into something that would be much harder for a minor to navigate quickly, this could lead to more litigation because any minor whose request was denied without the judge hearing such expert evidence would have a basis for appeal.
- Finally, this legislation does not simply set standards for the judge, it provides specific directives for how a judge must conduct a bypass hearing, including the questions s/he must ask and perhaps the evidence s/he must receive. This is not the proper role for the Legislature.
Furthermore, by requiring the court to determine if “anyone” has instructed the minor on how to answer questions and on what testimony to give at the hearing and not defining the term “anyone,” it could conceivably include an attorney, notwithstanding the language included in lines 128-130 of the bill, thus compromising the attorney-client privilege. Instructing clients about how to answer questions and what testimony to give at a hearing is what every good lawyer does in preparation for a court proceeding. Such conversations are protected against inquisition by the attorney-client privilege.
Why we must defeat HB 63 / SB 8:
Open, honest communication between young people and their parents about health is ideal. However, this is not always possible. We all want to be involved in our children’s lives and all parents want what is best for their children, but good family communication cannot be mandated by government.
The best way to protect our children is to begin talking to them about responsible choices from the time they are young and foster an atmosphere that assures them they can come to us. But some children live in troubled homes. Not all children can go to their parents without the threat of abuse and even children who have good relationships with their parents might be afraid to talk to them about something sensitive for fear of disappointing them. This law puts those vulnerable children – those who most need protection – in harm’s way.
As parents, we want to know when our children need care so we can be helpful and supportive. But also, as parents, our children’s safety must be more important than our desire to be informed.
© 2011 Planned Parenthood Affiliates of Ohio
(614) 224-0761
