Appeals court orders further review of Florida abortion waiting period
FREE Catholic Classes
The 1st District Court of Appeals in Florida has overturned a circuit court ruling which deemed a 24-hour waiting period requirement unconstitutional, sending the case back to the circuit court for further review.
Tallahassee, Fla., (CNA) - Denise Harle, legal counsel for Alliance Defending Freedom, praised the ruling, saying "the appeals court was on solid ground to reverse the trial court's decision."
"Abortion is a life-altering decision, and no woman should be rushed or pressured into it," she said in an Aug. 1 statement.
"The appeals court noted evidence from medical experts that the standard of care for significant, non-emergency medical procedures is that they are not and should not be done on a drop-in basis," Harle said. "The court also described evidence of the 'mental health effects and negative outcomes' "including suicide"associated with women who undergo abortions without adequate time to process the serious consequences and come to a place of certainty."
Medical Students for Choice in Gainesville, Florida, along with two local abortion clinics and the American Civil Liberties Union, challenged in court a June 2015 amendment to Florida's abortion law requiring a 24-hour waiting period between the time a patient is informed of the nature and risks of having an abortion and a physician's completion of the procedure.
Opponents of the law argued it is an unconstitutional violation of the state's right to privacy, and singles out abortion from other riskier medical procedures that don't require a waiting period.
The circuit court in Jan. 2018 agreed with the plaintiffs, striking the law down as unconstitutional, with the judge writing that the state had not produced evidence that such a broadly sweeping law was the "least restrictive means" of safeguarding women's health. The Florida Supreme Court had previously blocked the new law temporarily, while the court challenge against it proceeded.
The appeals court on Aug. 1 ruled that all doubts about issues of fact must be resolved before the law can definitively be ruled unconstitutional.
"Appellees' summary judgment motion asserted that the 24-hour Law deviates from the accepted standard of medical care in Florida by requiring the 24-hour delay and an unnecessary visit to a physician," the decision reads.
"But the State produced conflicting evidence from medical experts that the absence of such a decision-period after receiving information about the nature and risks of an abortion procedure and the procedure itself falls below the accepted medical standard of care."
If the State's experts prove correct, that the 24-hour Law brings Florida in-line with the informed consent standard of care, the judge wrote, then the law would pass muster under a Florida Supreme Court's decision approving informed consent in the abortion context. The court sent the case back to the circuit court for further review.
The Florida bishops' conference issued a statement supporting the law after its 2015 passage. They called it "good legislation" that "gives women one day to reflect upon the risks of abortion, one day to view the image of her unborn child's ultrasound, and one day to consult with friends, family and faith."
They also noted that more than two dozen other states have such waiting period laws, and that Florida "already requires waiting periods before marriage, divorce, and the purchase of a handgun."
Copyright 2019 - Distributed by THE CALIFORNIA NETWORK
Kentucky Governor Matt Bevin's administration has reportedly denied a Planned Parenthood clinic in downtown Louisville its license to ... continue reading
Four new sex abuse allegations have been raised against Emeritus Bishop Joseph Hart, spanning his time both as a priest in Missouri and a ... continue reading
The bishop of Charleston, South Carolina announced he will reduce his public appearances after being named in a lawsuit filed in New York. ... continue reading
Planned Parenthood will no longer receive Title X funds and has withdrawn from the program entirely. The decision took effect Monday, ... continue reading
Amid a media firestorm and a small protest Sunday, the Diocese of Buffalo disputed allegations made in a letter published by a recently ... continue reading
by Catholic Online
- Four more abuse allegations against former Cheyenne bishop
- Daily Reading for Thursday, August 22nd, 2019 HD Video
- Daily Readings for Wednesday, August 21, 2019
- Kentucky again denies abortion clinic's license
- St. Pius X: Saint of the Day for Wednesday, August 21, 2019
- Prayer Requests Live for Tuesday, August 20th, 2019 HD Video
- New South Wales parliament delays final abortion bill vote
- Prayer Requests Live for Monday, August 19th, 2019 HD
- Daily Reading for Wednesday, August 21st, 2019 HD
- Daily Reading for Tuesday, August 20th, 2019 HD
- Daily Reading for Monday, August 19th, 2019 HD
Learn about Catholic world
Inform - Inspire - Ignite
Catholic Online Saints
Your saints explained
Catholic Online Prayers
Prayers for every need
Catholic Online Bible
Complete bible online
Catholic Online News
Your news Catholic eye
Today's bible reading
Products and services we offer
Catholic Online Shopping
Catholic medals, gifts & books
Advertise on Catholic Online
Your ads on catholic.org
Catholic Online Email
Email with Catholic feel
Learn the Catholic way
Catholic Online School
Free Catholic education for all
K-12 & Adult Education Classes
Support Free Education
Tax deductible support Free education
Copyright 2019 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2019 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.
Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.