Texas House Bill 3994: Judicial Bypass
Since 1973 when the Supreme Court handed down its decisions Roe v. Wade and Doe v. Bolton, states have also maintained their own abortion laws. After many hours of debate, on July 8, 2015 the Texas House of Representatives passed House Bill 3994 (“HB 3994”) on a 93-46 vote and Texas Governor Greg Abbott signed the bill. On January 1, 2016, HB 3994 went into effect. This is a bill amending judicial bypass that makes it harder for minors to get an abortion through the courts. This measure also requires all women to have government-issued identification to seek abortion services. HB 3994 caused changes to the law that could be detrimental to the safety, security and health of minors. HB 3994 amends existing
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The ongoing fight for the rights of young girls who seek abortions has been one of those disputes. There have been arguments for and against regarding safety, privacy and the well-being of these young girls. The U.S. Supreme Court case, Bellotti v. Baird, ruled that the judicial bypass process must be “anonymous, expeditious, and an effective opportunity for an abortion to be obtained.” Pregnant teenagers may apply for a judicial bypass as an alternative to involving a parent or legal guardian in her decision to have an abortion. But many have not been allowed the swift and private process that the Supreme Court has ruled on. Michael New, a political science professor at the University of Alabama and author of a 2008 study for the Family Research Council conducted a study regarding the Texas parental notification law that took effect in 2000 which states …show more content…
Previously in Texas Family Code Ch. 33, combined with Occupation Code § 164.052(a) (19) the law required that a minor obtain the consent of her parent, managing conservator or legal guardian if she wished to have an abortion. She could obtain a bypass to consent if she demonstrated that she: (1) she was sufficiently mature and well informed to consent to the abortion, (2) that the notification of her parents would not be in her best interests, or (3) the notification may lead to physical, sexual, or emotional abuse. Many of those under 18 may have been raped or sexually assaulted by a relative and will not discuss their mistreatment if they fear legal action against their parent(s) or that CPS will become involved. Minors could seek a confidential judicial bypass if they were in fear of being abused at home because of their pregnancy or abortion and/or if they don’t have parental approval. Also, if a judge did not rule on a minor’s application, her request for a bypass was considered granted. This judicial bypass was created to protect abused or neglected pregnant teens who cannot safely turn to a parent or cannot find a parent. Some argue that the bill may violate a U.S. Supreme Court ruling that the bypass process must be confidential and
The Texas anti-abortion law has taken the country’s attention by storm. It is an issue on many different woman’s minds, especially those who live in the state of Texas. The new laws are forcing many woman to have to cross state lines in order to receive an abortion and medical care. This includes woman who needs abortions due to preexisting medical conditions and those who are carrying fetuses which are diseased and are expected not to be born as healthy babies. The Texas Governor Rick Perry and Senator Ted Cruz are leading the fight for the abortion laws to become permanent, laws that are considered the strictest abortion laws that this country has ever seen.
Through out the history of the constitution of california there has been a number of attempts to change how abortion in teens is handled. Proposition 4 intends to give the parents the right to know when their unmancipated teens want to get an abortion. some supporters of this proposition argue that it will save lives and money for the state. People against it say is more dangerous to teens because they could be driven to use not regulated clinics and or to run away from home. In this research paper we will go through both points of view, and also the implications of continuing with the current constitution or changing it as the proposition 4 dictates.
In Texas the social workers would have to allow the parent of the minor to know that the child wants t get an abortion. In fact the child could not get an abortion without the signature of at least one of her parents. Title two subtitle 33 states that A pregnant minor who wishes to have an abortion without notification to one of her parents, her managing conservator, or her guardian may file an application for a court order authorizing the minor to consent to the performance of an abotion without notification to either of her parents or a managing conservator
Before 1973, abortion access was determined by state legislature for each individual state with no consistency across the United States. Some states allowed abortions but most state statues heavily restricted or completely banned abortion. The restricted states would generally only allow abortion in the event of rape, incest, fetal anomalies, or the woman’s life is at risk. The state of Texas enforced a state statute that made it illegal for an abortion to be performed unless the woman’s
In Texas, according to Planned Parenthood (2017), for a woman who is under eighteen years of age, Texas “requires that one of your parents give permission for your abortion, and separately that one parent be told of your decision 48 hours before the abortion takes place. A judge from your county (or a neighboring county, if fewer than 10,000 people live in your county) can excuse you from both of these requirements.” This law has been shaped by both influencers. Republicans by how it is more restrictive than other states due to Texas being a republican state and republicans having a negative view on the subject. But it is also affected by Planned Parenthood by how it still allows a way for a woman under the age of eighteen to acquire an abortion legally and
Using the institutional perspective, the Mental Health on Campus Improvement Act is directed at government social institutions, and its key organizational forms would be federal, state, and local governments. The primary functions would be distributing resources for common purposes, and the social welfare functions would be health, security, education and social services.
Texas continues to fight women’s rights groups for the life of the “unborn child” and has won on many levels. According to the Texas Abortion Laws, Texas includes mandatory ultrasound imaging and parental consent for minors, and women must make at least four visits to a doctor and receive an ultrasound. Women may only receive a third trimester abortion if it is necessary to prevent death or substantial risk of serious impairment to a women’s physical or mental health, or if fetus has severe and irreversible abnormality. Texas considers an illegal abortion if it destroys the vitality or life of child in birth or before (which otherwise would have been born alive); operating a facility without a license, failure to meet Board of Health standards, or failure to make reports to Department of Health; act preformed after pregnancy with intent to cause termination of pregnancy other than for purpose of birth of live fetus or removal
Rep. Sykes is open to hear any suggestions to HB 392. Any suggestions that will make it more favorable for the Conference because the goal is to move forward with it in a positive manner with everyone on board.
I, (place your first and last name, followed with your ID number here), have thoroughly read, and understand the course requirements for HUM 397 as given in the course Syllabus and the course Policy Statement. I agree to abide by these requirements, and understand that ALL assignments in this course must be completed and turned in ON TIME in order to receive a grade of A, B, or C for this
In the past few decades, the issue of abortion rights has created debates and controversy within the United States. Those who criticize the act of abortion – pro-life – argue that the act of abortion is equivalent to the murder of a baby. Those who support the legalization of abortion – pro-choice – argues women should be able to choose whether or not they want to have an abortion. Currently, abortion is legal in all states – a result of the Supreme Court’s ruling in Roe vs. Wade. However, it has become increasingly common for states to create anti-abortion laws, which makes it more difficult to have an abortion. In 2014, Missouri state representative Rick Brattin proposed H.B.131, a house bill that would require women to receive a written consent from the biological father in order to have an abortion. This bill serves to prevent women from having an abortion.
In Bellotti v. Baird, the Court came to decide that individuals under the age of 18 cannot have an abortion without parental approval. Our readings have pointed out that parents are primarily responsible for the development of children whose care are under them. As full maturity has not been reached, legal restrictions for minors, in addition to protections given to parents,
Abortion for minors is a major public health concern in the United States. There are more than 300,000 births to teens each year, increasing the risk of both the mother and the baby’s health. Abortions on minors have raised political, clinical, social, and economic awareness. In order to make effective changes to abortion for the minor one must produce empirical evidence, to evaluate policy options for persons involved in public health policy and legislation. In January 2000, Texas enacted a law requiring physicians to notify the parent before an abortion is done with a minor, or notifies at least one parent of the intent to terminate the
When it comes to the rights of minors, as it relates to medical services and treatment, what is and is not allowed can be confusing. At the federal level, the law does require parental consent before medical care; however, there are exceptions that afford minors the ability to seek care and treatment without parental knowledge or consent. For example, a minor can receive contraceptive care, STD treatment and testing, pregnancy related care, counseling for substance abuse and mental health, and diagnosis and treatment for HIV or AIDS. However, the federal protections often only serve as guidelines or recommendations not a guarantee, as states and other “law explicitly requires information to be disclosed to a parent” (English & Ford, 2004,
This case was ruled in 1992 with antiabortionists as well as with proabortionists. It requires that any female who is under the age of eighteen must have parental consent as well as go through the twenty-four hour waiting period. During the twenty-four hours, it is required that those getting the abortion get materials on fetal development as well as adoption agencies in their area. In this same case it was also ruled that women who are married do not have to inform their husbands on the
One argument against these involvement laws involves a person’s right to choose the fate of their own body. Of course for a minor this right is limited due to the current laws in this country. But parental involvement laws can be used for the basic purpose of forcing a young woman to continue with an unwanted pregnancy.(Net 1) This and other unacceptable outcomes disproves the reasoning that a parent must be aware of their minor’s abortion, if not in complete control of it. Parental knowledge, just as pregnancy, is a choice to be made by the individual who has the most at stake; the young girl who lives in fear and confusion due to the uncertainty of her parents reactions. Also whether or not these reactions compromise her safety mentally, emotionally, and physically.(Net 1) In the event that parental involvement laws are overturned by all courts, both federal and local, young minor’s can safely make their own choices where pregnancy is concerned. In fact studies show that, with or with out these laws, 61% of minors inform their parents of their abortion before the procedure.(Net 3) In the issue of choice, these laws put undue stress and strain on the young woman who’s future is at stake.