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Texas Sonogram Law: Judge Strikes Down Key Provisions Of Abortion Bill
http://www.huffingtonpost.com/2011/08/30/texas-sonogram-law-judge-abortion_n_942628.html
AUSTIN, Texas — A federal judge on Tuesday blocked key provisions of Texas' new law requiring a doctor to perform a sonogram before an abortion, ruling the measure violates the free speech rights of both doctors and patients.
U.S. District Judge Sam Sparks upheld the requirement that sonograms be performed, but struck down the provisions requiring doctors to describe the images to their patients and requiring women to hear the descriptions.
The law made exceptions for women who were willing to sign statements saying they were pregnant as a result of rape or incest or that their fetus had an irreversible abnormality. Sparks questioned whether the Republican-controlled Texas Legislature was trying to "permanently brand" women who are victims of sexual assault.
The law – one of dozens of anti-abortion measures that advanced through state capitals across the United States this year – takes effect Thursday. The New York-based Center for Reproductive Rights had sued to block it.
Supporters argued the law ensures women fully understand what an abortion entails and said some women have regretted having abortions. They said the law would lead to fewer abortions in Texas. About 81,000 abortions are performed every year in Texas.
Opponents argued that requiring doctors to describe a fetus' features would force them to say things against their will and would violate medical ethics requiring doctors to respect a patient's autonomy and act in the patient's best interest.
The Texas Medical Association opposed the law because it dictated when a doctor must perform a procedure and how the doctor must deal with a patient. While a pre-abortion ultrasound is routine, it is not considered medically necessary.
Sparks wrote that forcing doctors to discuss the results with a patient who may not want to listen "compels physicians to advance an ideological agenda with which they may not agree, regardless of any medical necessity and irrespective of whether the pregnant women wish to listen."
Sparks was particularly troubled by the requirement that victims of sexual assault or incest sign statements attesting to that fact to get around the provision. That would require women to disclose "extremely personal, medically irrelevant facts" that will be "memorialized in records that are, at best, semi-private," Sparks wrote.
"(It) is difficult to avoid the troubling conclusion the Texas Legislature either wants to permanently brand women who choose to get abortions, or views these certifications as potential evidence to be used against physicians and women," Sparks wrote.
Sparks also struck down several enforcement penalties for doctors who faced losing their medical license and possible criminal misdemeanor prosecution if they did not comply.
The ruling is a "huge victory for women in Texas and a clear signal to the state Legislature that it went too far when it passed this law," said Nancy Northup, president and CEO of the Center for Reproductive Rights.
The group said it had already received notice the state plans to appeal.
Texas Gov. Rick Perry, a Republican who is running for president, was critical of Tuesday's ruling. Perry had made the law one of his top priorities for the 2011 legislative session.
"Every life lost to abortion is a tragedy and today's ruling is a great disappointment to all Texans who stand in defense of life," Perry said in a statement.
State Sen. Dan Patrick, R-Houston, a key sponsor of the measure, said he was confident the law would be upheld on appeal.
"It is clear to me, from the inflammatory language in the order, that Judge Sparks was predisposed to this decision," Patrick said.
Sparks represented doctors and hospitals as an attorney for about 30 years before being appointed a federal judge in 1991.
A similar Oklahoma measure, passed in 2010, has been put on hold there pending legal challenges
AUSTIN, Texas — A federal judge on Tuesday blocked key provisions of Texas' new law requiring a doctor to perform a sonogram before an abortion, ruling the measure violates the free speech rights of both doctors and patients.
U.S. District Judge Sam Sparks upheld the requirement that sonograms be performed, but struck down the provisions requiring doctors to describe the images to their patients and requiring women to hear the descriptions.
The law made exceptions for women who were willing to sign statements saying they were pregnant as a result of rape or incest or that their fetus had an irreversible abnormality. Sparks questioned whether the Republican-controlled Texas Legislature was trying to "permanently brand" women who are victims of sexual assault.
The law – one of dozens of anti-abortion measures that advanced through state capitals across the United States this year – takes effect Thursday. The New York-based Center for Reproductive Rights had sued to block it.
Supporters argued the law ensures women fully understand what an abortion entails and said some women have regretted having abortions. They said the law would lead to fewer abortions in Texas. About 81,000 abortions are performed every year in Texas.
Opponents argued that requiring doctors to describe a fetus' features would force them to say things against their will and would violate medical ethics requiring doctors to respect a patient's autonomy and act in the patient's best interest.
The Texas Medical Association opposed the law because it dictated when a doctor must perform a procedure and how the doctor must deal with a patient. While a pre-abortion ultrasound is routine, it is not considered medically necessary.
Sparks wrote that forcing doctors to discuss the results with a patient who may not want to listen "compels physicians to advance an ideological agenda with which they may not agree, regardless of any medical necessity and irrespective of whether the pregnant women wish to listen."
Sparks was particularly troubled by the requirement that victims of sexual assault or incest sign statements attesting to that fact to get around the provision. That would require women to disclose "extremely personal, medically irrelevant facts" that will be "memorialized in records that are, at best, semi-private," Sparks wrote.
"(It) is difficult to avoid the troubling conclusion the Texas Legislature either wants to permanently brand women who choose to get abortions, or views these certifications as potential evidence to be used against physicians and women," Sparks wrote.
Sparks also struck down several enforcement penalties for doctors who faced losing their medical license and possible criminal misdemeanor prosecution if they did not comply.
The ruling is a "huge victory for women in Texas and a clear signal to the state Legislature that it went too far when it passed this law," said Nancy Northup, president and CEO of the Center for Reproductive Rights.
The group said it had already received notice the state plans to appeal.
Texas Gov. Rick Perry, a Republican who is running for president, was critical of Tuesday's ruling. Perry had made the law one of his top priorities for the 2011 legislative session.
"Every life lost to abortion is a tragedy and today's ruling is a great disappointment to all Texans who stand in defense of life," Perry said in a statement.
State Sen. Dan Patrick, R-Houston, a key sponsor of the measure, said he was confident the law would be upheld on appeal.
"It is clear to me, from the inflammatory language in the order, that Judge Sparks was predisposed to this decision," Patrick said.
Sparks represented doctors and hospitals as an attorney for about 30 years before being appointed a federal judge in 1991.
A similar Oklahoma measure, passed in 2010, has been put on hold there pending legal challenges
I have no doubt that we at the bottom of the mess, we want the same thing, help for the hurting....we just have different beliefs or ways we think they should be done...
I am glad we can differ and move on. :)
I am glad we can differ and move on. :)
You and I may not agree on the abortion issue, but on that comment we do agree. As does alcohol and even tobacco really. Gambling. So many vices that can so easily get out of control and take down lives. It impacts so many people.
I hate drugs....its so sad how they destroy so many lives!
Fantastic. Problem is hardly anyone adopts kids with drug addiction, fetal alcohol syndrome and birth defects or special needs. But we have a huge waiting list...happy to send you the papers to apply if you like. Seriously, these kids grow up being moved from foster care home to foster care home, and many never get their forever families. It's pretty sad to see.
As for tying their tubes..that option is always available. It's free here - well, not free, but covered my our medical. So is the depo shot and other methods of birth control. It is part of the solution, but I still could never agree with illegalization. It is imperative that it stay legal and safe.
As for tying their tubes..that option is always available. It's free here - well, not free, but covered my our medical. So is the depo shot and other methods of birth control. It is part of the solution, but I still could never agree with illegalization. It is imperative that it stay legal and safe.
Laying the Abortion Issue aside and looking at this from another angle,
“Sparks represented doctors and hospitals as an attorney for about 30 years before being appointed a federal judge in 1991.”
I don’t see how Judge Sparks would have been allowed to preside over this case.
“Sparks represented doctors and hospitals as an attorney for about 30 years before being appointed a federal judge in 1991.”
I don’t see how Judge Sparks would have been allowed to preside over this case.
ADOPTION they carry the children then they give them away to people who want a child ...you dont kill babies .
Murder is the taking of a life. You can say its not murder, thats your opinion.
My opinion is it is murder.
You are right that desperate people do desperate things.
If you have women desperately crying on your shoulder, why dont you offer to get their tubes tied for them so they dont have to go through such things as abortion?
Just a simple solution so you dont have repeated situations.
We have sex everywhere in this society. The majority of kids are taught about sex in school.
Guess what? The majority of kids are having sex.
I can tell you...I have had women literally crying in my arms feeling like they had no other option. They knew they weren't yet able to conquer the demons of addiction. They knew they could not provide any sort of life for their child. But murderers? No. Just very very sick women who didn't see any other way out. It's sad, and it's tragic and God knows I wish it didn't happen. Then there are the young girls who simply made a mistake. Knowing full well that their families would toss them out if they knew (this happens far more frequently then you could imagine).
Here for me is the perplexing part of much of this - many are firmly against sexual education schools. They are firmly against teenagers being provided with condoms. They are also firmly against abortion. I wish everyone would abstain until they are ready to have a child. But people are human, and they don't always do what they should. So where are the answers? I'm not disrespecting anyone who holds these beliefs. I even completely understand the thinking behind it. I just cannot agree with it.
Here for me is the perplexing part of much of this - many are firmly against sexual education schools. They are firmly against teenagers being provided with condoms. They are also firmly against abortion. I wish everyone would abstain until they are ready to have a child. But people are human, and they don't always do what they should. So where are the answers? I'm not disrespecting anyone who holds these beliefs. I even completely understand the thinking behind it. I just cannot agree with it.
You are right, we never know what we would do in a desperate situation.
I read an interview with a lady in another country and she was being sought after by soldiers who are criminals. She was afraid and when her baby started to cry, which would have led to her capture, she suffocated it so the soldiers wouldnt find her. She didnt want to. She loved her baby, but it was the baby or her.
I read an interview with a lady in another country and she was being sought after by soldiers who are criminals. She was afraid and when her baby started to cry, which would have led to her capture, she suffocated it so the soldiers wouldnt find her. She didnt want to. She loved her baby, but it was the baby or her.
I will leave this one to the person who makes that decision and God. I have never found myself in a tragic situation of being gang raped and pregnant, or thru incest and pregnant. We must realize that whatever our beliefs are it is mostly because of our life experiences. People will always find a way to get that abortion and when they are in a desperate situation a video is not gonna change their mind.
I believe abortion is taking a human life, and unless they put the baby to sleep first, I believe the baby feels the entire thing. That said, I do not consider myself a pro-lifer, and the reason for that is.... many of the pro-lifers are in favor of protecting the baby, but they would be more than willing to take the life of the mother. I think many pro-lifers are full of hate, and for those reasons, I wont be part of that (club).
Something I would like to see done, is for women that are in these situations, to be given the choice of having their tubes tied for free.
Something I would like to see done, is for women that are in these situations, to be given the choice of having their tubes tied for free.
I have no issue with people being strongly pro life. I can completely understand why they feel the way they do. It's only when they mess with the laws around the issue that I get a little upset.
I mean no offense to this, but I can tell you, do you know what would impress me? Seeing these guys who are trying so hard to make abortion illegal going down to social services and adopting these kids who are born with such severe fetal alcohol syndrome that they have absolutely no hope for a normal life. Or the kids born to drug addicted prostitutes who also have little to no chance. Do you know how many of these kids grow up unloved and unwanted? As adults they cannot form normal attachments and often give birth to FAS babies themselves? It's not that I think people should abort these babies, but I want them to put their money where their mouths are and see them adopting. To be honest, it's one of the things I like about Bachmann. She is also trying to change the laws, but there she is, taking these kids in and trying to help them. I may not agree with her stance, but at least she is doing something about it.
I mean no offense to this, but I can tell you, do you know what would impress me? Seeing these guys who are trying so hard to make abortion illegal going down to social services and adopting these kids who are born with such severe fetal alcohol syndrome that they have absolutely no hope for a normal life. Or the kids born to drug addicted prostitutes who also have little to no chance. Do you know how many of these kids grow up unloved and unwanted? As adults they cannot form normal attachments and often give birth to FAS babies themselves? It's not that I think people should abort these babies, but I want them to put their money where their mouths are and see them adopting. To be honest, it's one of the things I like about Bachmann. She is also trying to change the laws, but there she is, taking these kids in and trying to help them. I may not agree with her stance, but at least she is doing something about it.
I am not trying to change anyones opinion. I just wanted to say I did not think their intent was wrong.
To me, its wrong to picket and scream and hate those doing it, but I dont think being fully informed is wrong. I would want to make an informed decision.
Again, just my opinion.
To me, its wrong to picket and scream and hate those doing it, but I dont think being fully informed is wrong. I would want to make an informed decision.
Again, just my opinion.
Abortion is always a dicey subject and always will be. I will always stand on keeping abortions legal. I am not pro-abortion, I am simply for keeping them legal. I think a legal abortion is far safer than an illegal one.
I am sure that a lot of women regret having abortions, and that is a feeling that I will never have to endure. I'd imagine that it leaves one feeling so hollow. On the contrary, I'd imagine that some women never give it a second thought, especially the women who have repeated abortions. To me, that is tragic....
I am sure that a lot of women regret having abortions, and that is a feeling that I will never have to endure. I'd imagine that it leaves one feeling so hollow. On the contrary, I'd imagine that some women never give it a second thought, especially the women who have repeated abortions. To me, that is tragic....
I think is wrong to care more about money issues.
I dont think the INTENT was wrong. I spoke to a woman who had an abortion once that said she has no idea a baby could feel, suck its thumb, etc... Had she known, she would never have done away with it. So I think its fair to have a woman at least have the whole story before she does it. This would save a lot of women from heartache, like the lady I spoke to.
I dont think the INTENT was wrong. I spoke to a woman who had an abortion once that said she has no idea a baby could feel, suck its thumb, etc... Had she known, she would never have done away with it. So I think its fair to have a woman at least have the whole story before she does it. This would save a lot of women from heartache, like the lady I spoke to.
Again, I am certainly not pro abortion, but this is quite cruel. Do they really and honestly believe that the majority of women who choose to terminate are just cold hearted whatevers? Most women agonize over a decision like this and it is often made out of desperation. Yes, some do use it as birth control..but it's not a high percentage. I find it incredible distasteful that they would do this to women. I'm glad this judge struck it down.
I know it's wrong to worry more about social issues then financial ones, but I could just never vote for a man who champion a law like that. I bet if he was the one who had to deal with pregnancy and some hard choices, he wouldn't be so quick to judge. I just could never vote for him knowing this (if I had a vote that is)
I know it's wrong to worry more about social issues then financial ones, but I could just never vote for a man who champion a law like that. I bet if he was the one who had to deal with pregnancy and some hard choices, he wouldn't be so quick to judge. I just could never vote for him knowing this (if I had a vote that is)
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