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By Rita McInerney
The Georgia parental notification law requiring
females under 18 to notify a parent before getting an abortion may be on hold
until the U.S. Supreme Court hands down its decision on an Illinois challenge
to a similar law.
A temporary restraining order delaying the start
of the Georgia parental notification act was continued in effect by U.S.
District Court Judge Robert Hall after hearings held July 16 and 17 on the
lawsuit filed by Planned Parenthood challenging the constitutionality of the
law.
The temporary restraining order was issued by
Judge Hall at a hearing held June 30, one day before the law was to become
effective on July 1.
As the hearing opened July 16, the judge announced
that it would be for the taking of evidence only. Each party was to file
post-hearing written briefs by Aug. 14.
On Friday morning, July 17, after hearing five
witnesses for Planned Parenthood (the suit was filed by the Atlanta and Augusta
chapters) and one for the state of Georgia, the judge said his thought was to
get his ruling on a preliminary injunction out "as expeditiously as possible.'
Whatever his ruling was, he continued, it would be best to stay the case until
after the pending decision of the U.S. Supreme Court on the Illinois Parental
Notice of Abortion Act. It is expected that the high court will rule on this
case sometime in the fall.
Judge Hall said the Georgia case and any appeals
would take from 12 to 14 months in the 11th Circuit Court of Appeals
in Atlanta. He expects the decision from the Supreme Court will be faster than
that of the appeals court.
Dr. Stephen Edmondson, an Atlanta physician
specializing in psychiatry, was the state's only witness. He testified that he
has been in private practice since 1969 and is associated with Peachford,
Northside and St. Joseph's hospitals and Ridgeview Institute.
He has been counseling pregnant teenagers since
1973, he said, with the parents or parent almost always involved. He said he
has also counseled women, about 30 or 35 in number, suffering delayed effects
of the abortion experience.
It is his opinion, he said, that parents should be
involved at each phase of making the decision -- on abortion, on keeping the
child and adoption. It is important, he said, for the parent, in the event of
an abortion, to be able to give the minor's health history and personal traits.
Allowing the parent to take part in the decision-making, he said, lets the
child know the parent is there to help.
It is important for the parent to be close by and
available to the minor, he continued, if special care is needed should
complications of the surgical procedure arise. If the parents did not know of
the pregnancy they would be in no position to help their child avoid repeating
the pregnancy or deal with the feelings of loss and self-doubt, he said.
He said he has treated women in their 20s and 30s
who have undergone abortions since 1973, and who are now experiencing
post-traumatic stress disorder. The trauma, often delayed, can include numbing
of feelings, depression, guild, grief. The grief can be in response to seeing
the newborn baby of a family member, he said, and if the woman later has a
child of her own, a strong sense of grief can be activated over the one she
lost to abortion.
"Women I have seen," Dr. Edmondson said, "have
onset of the problem some years later, from seeing a new baby or from failure
to conceive a child. They are often overwhelmed by the crisis of trying to deal
with it openly." The grief over abortion, he said, is intensified because there
is no body to mourn or no funeral to assist the individual with her sense of
loss. This can be a "traumatic, emotional event for women reared to have a
self-image as mothers."
Parental notification can avert the post-abortion
syndrome, he said, because the teen does not have to handle the experience
alone. By sharing feelings and grief with a supporting person, the grief need
not be delayed.
While being cross-examined by Roger Evans for
Planned Parenthood, the doctor said he has "occasionally contributed a few
dollars to Georgia Right to Life" but is not a member of the organization.
In response to another question from Evans, he
said that he would have a problem determining whether parents should not be
involved without an investigation of the situation. "To take the teenager's
word that the parent is troublesome is not enough." His experience in dealing
with teenagers, he said, is that they often do not deal factually with what's
happening.
He reiterated his earlier statement that the
parent is in no position to help if not told of the minor's choice of abortion.
When most parents are told, he said, their first reaction is negative. Bu
through the experience of trying to deal with the issue they carry out their
parental responsibility.
The hearing concluded Friday morning, July 17,
with Dr. David Grimes testifying for Planned Parenthood. A physician
specializing in obstetrics and gynecology who said he had a "special interest
in abortion," Dr. Grimes was associated with the Centers for Disease Control in
Atlanta for seven years through late June of 1986. He is now a professor on the
faculty of the southern California School of Medicine.
At the CDC he was associated with the abortion
surveillance branch which he described as studying the numbers of women having
abortions and served as branch chief in 1983-1984. During his years at the CDC,
he said in testimony, 10 million abortions were performed in the U.S.
From 1982 to 1986, as a private practitioner, he
performed abortions at local clinics including Midtown Hospital on Ponce de
Leon Avenue. He also performed and taught abortion procedures at Grady
Hospital. He estimated that he has performed "in excess of 10,000 abortions,"
between 10 and 20 percent in the second trimester, or between the
12th and 24th week of pregnancy.
Under questioning by Dara Klassel for Planned
Parenthood, he said the risk of complications from abortion increases for each
week the pregnant woman delays. One reason, he said, is because of the "larger
bulk of the product of conception."
During cross-examination by Patricia Downing, an
assistant attorney general for the state of Georgia, he said the risk of
complications is less for teenagers and there is a very low risk of severe
complications from abortion for teenagers.
He acknowledged that he was a member of the
Association of Planned Parenthood Professionals, on the board of directors of
the National Abortion Federation, and has served as consultant for the national
medical committee of the Planned Parenthood Federation of America.
He said that he had flown into Atlanta from New
York City to testify and was flying back to California later that morning. In
response to the question as to whether Planned Parenthood was paying for his
flight, he said he presumed it would be.
In addition to Dr. Grimes, Planned Parenthood
called four witnesses. In presenting its case, it contended that the judicial
review process provided in the parental notification law would delay and add to
the risk and expense of an abortion, and does not preserve the anonymity of the
parties involved. A court waiver could be sought if the minor chooses not to
notify a parent or legal guardian.
The parental notification bill was passed by the
Georgia State Assembly in its 1987 session. A similar bill passed both houses
of the legislature in 1986 but the session expired before the versions from
each chamber could be revised and approved by the judiciary committees.
The U.S. Catholic Conference has filed a
friend-of-the-court brief in the Illinois case under Supreme Court review. The
brief argues that "whatever the scope of a minor's 'right' to seek an abortion,
family integrity is a substantial interest worthy of judicial deference." The
Illinois act provides for a 24-hour mandatory waiting period for a dependent,
immature minor seeking an abortion after notice of her intention is given to
her parents.
The USCC brief argues that "a state make
permissible advance protection of the family through a parental notification
statute that allows for a brief period for discussion between parents and their
minor, unemancipated daughter prior to execution of her decision to abort her
unborn child."
One section of the brief discusses the family as
an institution whose values are being challenged in a fundamental way by
abortion:
"Under the abortion decisions of this court, one
member of the household may dictate to all the others whether new life --
plainly a member of the family -- may be allowed to be born
When the
person making that decision is an adolescent, the implications are especially
serious. The adolescent making such a decision needs to be guided by
knowledgeable and caring persons, not abortion clinic employees, if she is to
appreciate meaningfully the import and consequences of her actions."
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