Minor girls who want an abortion could no longer sidestep parental consent by getting a judge's order under a bill being proposed to state lawmakers in January.
The bill, which is still being drafted, would remove the option from current state abortion law that permits minors to have the procedure if a judge approves it, without a parent's consent or even their knowledge.
A state that so strongly believes in parental consent and control in families should require it before a young woman makes such a critical decision one that involves both the mother and her infant, says the measure's sponsor, Rep. Stephen Sandstrom, R-Orem.
At this stage in the drafting process, two exceptions are included in the bill: If the pregnancy was caused by incest or by a stepfather, Sandstrom said, adding that other exceptions may be added, or at least discussed, as the bill progresses.
One thing the bill won't be is the "total frontal assault" proposal he sponsored last session.
"A complete state ban is still what ultimately needs to happen, but we're still at least one (U.S. Supreme Court) justice away from the court even considering overturning Roe v. Wade," the 1973 ruling that gave women the federal right to choose the procedure.
A state acting without the Supreme Court acting first is highly unlikely, Sandstrom said. The abortion ban bill he proposed last session ultimately was sidelined by legislation stating Utah will take steps to limit or ban abortion should the Supreme Court amend Roe v. Wade.
"We just can't achieve a ban at this point, at least not without considerable expense in defending it in court," Sandstrom said. "So what I'm proposing this time is a step we can take to chip away at obtaining abortion services. This really goes back to the fundamental issue of parents' rights and control of what their children are doing."
The proposed legislation will have little effect other than stirring up controversy, said Missy Larsen, executive director of Planned Parenthood's Action Council.
"Utah already has one of the lowest abortion rates in the country, and it's not like kids are rushing to the court so they can get abortions," Larsen said. "We just had this same debate in 2006; only eight teens have sought court approval, and all but two were denied. The important thing is that we prevent these pregnancies from happening in the first place.
"We need a comprehensive approach that includes parental involvement, abstinence education, more accessible birth control and medically accurate information," she said.
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