Yesterday, in a move that will raise the hopes of pro-choice folks in North Carolina, a federal judge ruled that Texas’ “sonogram law” violates the First Amendment. Judge Sam Sparks blocked enforcement of some key provisions of the statute, and granted class-action status to a lawsuit by the Center for Reproductive Rights, thereby granting an injunction until the disputed provisions are resolved. The Texas law is very similar to one passed by the N.C. General Assembly over Gov. Perdue’s veto. Several groups, including Planned Parenthood, the Center for Reproductive Rights and the ACLU, plan to challenge the N.C. law in court.
Like N.C.’s Women’s Right To Know Act (or as we call it, the Women Who Need An Abortion Don’t Have Enough Problems Already Act), the Texas law requires that a doctor perform an ultrasound on any woman seeking to terminate a pregnancy, and explain to her the age, size, position and physical features of the fetus, as well as the sound of the fetal heartbeat. Texas’ law is even more intrusive — literally so — than N.C.’s law, in that it mandates a transvaginal ultrasound, rather than the usual “gel on the belly” type. The method of administering the ultrasound was not part of Judge Sparks’ ruling, however. He said that the Texas law violates the First Amendment rights of doctors and patients, and “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 said doctors cannot be penalized if they do not adhere to the Texas law, since it is unconstitutional.
In North Carolina, pregnant women seeking an abortion must also be directed to a website which must declare that “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique living human being.” The problem is that those statements are theological/philosophical theories, not provable scientific facts; In other words, if you’re a woman who has chosen to have an abortion in North Carolina, you will be legally bound to have the religious right’s views spoon-fed to you whether you want to hear them or not.
Similar bills have been introduced and passed in other state legislatures this year, evidence of how fully the new, Tea Party-heavy legislatures are leaning on the far-right American Legislative Exchange Council (ALEC) and its “model legislations,” as we pointed out two weeks ago. The Texas decision by a federal judge will by no means be the final word on either state’s “sonogram laws,” but it can’t be anything but a hopeful development for North Carolinians who believe in women’s reproductive freedom. Here is a video of some of the arguments made against the N.C. abortion law in the General Assembly.
This article appears in Aug 30 – Sep 5, 2011.
What is the problem? If what is inside the mother is NOT a child, then the “theological/philosophical theories” won’t hold any water, right? However, a picture (or in this cae, a “video”) tells a million stories, doesn’t it! There ARE alternatives to abortion……just ask those women who cannot have a baby…..maybe they can come up with one for you!!!
All of the laws of the land have at their core, limits on peoples agency, when that agency or choice infringes on the rights and well being of other people. A women’s right to choose, ends when her choice inflicts harm on another human being, especially when that human being is helpless and cannot defend or represent themselves. If women do not want to have a child, then they must be responsible and choose to use the methods available to prevent contraception. There is a period of time when this choice can be made, & 99% of women know that it is BEFORE they have sexual relations with a man (Contraception or abstinence). If a women chooses to act irresponsibly, and not use contraception, or abstain, and thus creates a human life, her window of opportunity ends. Her choices from then on involve herself and another human being, and she must be held responsible. She has no right to terminate the opportunity OF THIS HUMAN BEING TO EXPERIENCE MORTALITY, JUST AS SHE, OR ANY OF US, WOULD NOT HAVE WANTED ANYONE TO THWART OUR OPPORTUNITY TO LIVE AND EXPERIENCE LIFE. If the development of the child, puts her life at risk, then she should be able to choose to terminate the pregnancy, as her life should be given precedence. In the case of rape, she should seek medical help immediately to prevent conception, if possible. If she cannot, she should be given the choice to terminate the birth, since her opportunity to choose, was denied her. As to the issues discussed in this article, yes the doctor should provide the most effective methods available for the innocent, precious child to make their presence known. By so doing, it provides the best methods available to make the mother fully aware of the fact that she has a live person inside her womb. Then if she chooses to murder that child, the consequences are on her own head, not the doctor or anyone but herself. She and the doctor’s belief systems have no relevance whatsoever in deciding if that child lives or dies. There are so many women who are unable to have children, that if a women becomes pregnant through her irresponsible choices, then every support should be given her to give the child life, and be raised by someone who would love and care for them while they are still helpless and cannot independently care for themselves for many years to come
Error: I meant to say “If women do not want to have a child, then they must be responsible and choose to use the methods available to prevent “conception” not contraception!
bonjee:
Your entire argument is predicated on your belief that life begins at conception. That is a philosophical debate and not everyone agrees.
How many of those unwanted children that you want to force women to bear have YOU adopted?
So what if the woman uses contraception but it fails?
What then bonjee? Was that woman irresponsible? Who should determine whether she was or not? You? The government? Doctors? The church?
Your argument has a lot of holes there champ.
Welcome to the stupidome. This is the single most ignorant issue to plague Western Civilization today. (Along with Gay Marriage-watch that jam up Conservatoids….)
Mind your own damn business and watch the problems solve themselves.