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Judge says he can order abortion for disabled Nevada woman

CaféAuLait

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Judge says he can order abortion for disabled Nevada woman

CARSON CITY, Nev. A Nevada state judge says he has the authority to order an abortion for a pregnant 32-year-old mentally disabled woman, even against the will of her Catholic adoptive parents.


Washoe County District Court Judge Egan Walker didn't make a decision, but asked the Nevada Supreme Court on Monday to let him go ahead with hearings as early as Tuesday to collect medical evidence about the woman's case.


The Las Vegas Sun reports that Walker called it "illogical and contrary to law" to prevent him from gathering evidence to determine if an abortion should be performed.


In a case being watched by national anti-abortion organizations, the woman's parents want the state high court to stop the proceedings.

Judge says he can order abortion for disabled Nevada woman - CBS News

Should a judge be able to rule in this manner? Is it overstepping his bounds?
 

AmyNation

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The state is currently her guardians, however I think precedent will prove him wrong if he chooses to rule in favor of an abortion.


Having read about the case, I doubt he will choose to abort.
 

AmyNation

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Just because she can't raise a child is not a valid reason to force someone to have a medical procedure against the will of their guardians.
 

Noomi

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Just because she can't raise a child is not a valid reason to force someone to have a medical procedure against the will of their guardians.

Her parents have no right to force their religious beliefs upon their daughter. Take away the right to argue in favor of their religion and see what argument they have.
 

Care4all

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The Judge should not ever be allowed to make that decision....

her adoptive PARENTS are her legal guardians in this case....they have full control...

And unless the man that screwed her had the mental capacity of a 6 year old as this woman.... then she most definitely was raped and they should most certainly be looking for a rapist to lock up right now....

6 yr olds or the mentality of a 6 yr old, can not give consent to anything....period.
 

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Just because she can't raise a child is not a valid reason to force someone to have a medical procedure against the will of their guardians.

if the state is her guardian...... why not?
 
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CaféAuLait

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The state is currently her guardians, however I think precedent will prove him wrong if he chooses to rule in favor of an abortion.


Having read about the case, I doubt he will choose to abort.

I thought I read the parents have guardianship? After I posted that I read about those with seizures and having children. They need to be monitored by doctors and some removed from their anit-seizure meds BUT apparently a normal birth can occur and no health damages to child or mother.
 

AmyNation

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Their argument is a valid one, it's their child and they get to make the medical decisions. The state stepping in and going agaisnt the will of parents/family/guardians should be rare, and only occur when harm is evident.
 
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CaféAuLait

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Here is an article which tells more about her condition:


The lawyer said the woman was adopted along with several siblings from Costa Rica. She suffers from fetal alcohol syndrome, along with several other maladies. She reportedly has an IQ of 42. The woman was living in a Reno group home when she wandered away and became pregnant 13 weeks ago. The child's father has not been identified and it remains unknown whether the pregnancy was the result of rape or consensual sex.

The couple acknowledges that the pregnancy poses health risks to their daughter and the baby, but they say medical experts back them in their decision to continue the pregnancy, Guinasso said.


In abortion fight, disabled woman's parents turn to Nevada high court - latimes.com
 

AmyNation

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CaféAuLait;6286744 said:
The state is currently her guardians, however I think precedent will prove him wrong if he chooses to rule in favor of an abortion.


Having read about the case, I doubt he will choose to abort.

I thought I read the parents have guardianship? After I posted that I read about those with seizures and having children. They need to be monitored by doctors and some removed from their anit-seizure meds BUT apparently a normal birth can occur and no health damages to child or mother.

Someone posted this the other day in a different thread, so I read a few articles about it. (I will try to find the one im thinking of) however her parents are required to give a yearly health report to the state and apparently if they dont, guardianship temporarily goes to the state. They failed to send the report this year.

The issue is if her seizure condition coupled with pregnancy will cause her harm, the judge has heard from doctors on both sides, some say yes some say no. So I guess we will see how he rules.
 
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CaféAuLait

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The Judge doesn't have the authority, he's asking the State Supreme Court to give him that.
 
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CaféAuLait

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CaféAuLait;6286744 said:
The state is currently her guardians, however I think precedent will prove him wrong if he chooses to rule in favor of an abortion.


Having read about the case, I doubt he will choose to abort.

I thought I read the parents have guardianship? After I posted that I read about those with seizures and having children. They need to be monitored by doctors and some removed from their anit-seizure meds BUT apparently a normal birth can occur and no health damages to child or mother.

Someone posted this the other day in a different thread, so I read a few articles about it. (I will try to find the one im thinking of) however her parents are required to give a yearly health report to the state and apparently if they dont, guardianship temporarily goes to the state. They failed to send the report this year.

The issue is if her seizure condition coupled with pregnancy will cause her harm, the judge has heard from doctors on both sides, some say yes some say no. So I guess we will see how he rules.

I looked after you posted that and did not find it. I did not see that thread though so I missed that part. Thanks for the info.
 

AmyNation

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Just because she can't raise a child is not a valid reason to force someone to have a medical procedure against the will of their guardians.

if the state is her guardian...... why not?

The state is a temporary guardian, and should only step in and circumvent the will of parents/guardians rarely and only when harm is evident.
 

AmyNation

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Katzndogz

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The state is currently her guardians, however I think precedent will prove him wrong if he chooses to rule in favor of an abortion.


Having read about the case, I doubt he will choose to abort.

If the state were her guardians there would be no need for a court order. The woman has adoptive parents who really are her guardians. The state went to court to get an order overruling the guardians.

Which should be absolutely frightening to everyone.
 

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Cecilie1200

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CaféAuLait;6286657 said:
Judge says he can order abortion for disabled Nevada woman

CARSON CITY, Nev. A Nevada state judge says he has the authority to order an abortion for a pregnant 32-year-old mentally disabled woman, even against the will of her Catholic adoptive parents.


Washoe County District Court Judge Egan Walker didn't make a decision, but asked the Nevada Supreme Court on Monday to let him go ahead with hearings as early as Tuesday to collect medical evidence about the woman's case.


The Las Vegas Sun reports that Walker called it "illogical and contrary to law" to prevent him from gathering evidence to determine if an abortion should be performed.


In a case being watched by national anti-abortion organizations, the woman's parents want the state high court to stop the proceedings.

Judge says he can order abortion for disabled Nevada woman - CBS News

Should a judge be able to rule in this manner? Is it overstepping his bounds?

It's interesting how often it isn't those who blatantly do evil we need to be protected from, but those who believe they're acting "for our own good".
 

AmyNation

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"This situation is, to put it simply, very complicated. Elisa's parents have to file an annual report on her condition, something they did not do last year.

That means the court has jurisdiction over Elisa during the guardianship case."

Controversial Pregnancy Case Continues - KTVN Channel 2 - Reno Tahoe News Weather, Video -

Not unless there has been a termination of guardianship.
From reading the article im assuming the parents have an agreement with the state because their daughter is supported by the state.

The issue of guardianship is part of what is being disputed.
 

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