TALHASSEE – Citing parental rights, the Florida Court of Appeals ruled Wednesday that a law that allows minors to allow abortion without their parents’ consent is unconstitutional.
A three-judicial panel of judges from the 5th District Court of Appeals, supporting discussions by Florida Attorney General James Usmieire, said the law violates parents’ due process rights. The ruling came as the appeals court refused a request from a 17-year-old girl to have an abortion without her parent’s consent.
“It’s difficult to see how the due-process clauses of the amendments (in the US Constitution) can be praised for the process, which is the presumably robbing of the most basic due process guarantees.
The law sets out a process for the court to seek approval for minors to have an abortion without consent from their parents. A judge can “exempt” such parental consent if the minor is “mature enough to decide whether to end the pregnancy” or finds “clear and persuasive evidence” that the consent requirement “is not in the minor’s best interest.”
Florida has had parental approval or parental consent requirements since 2004, but the Court of Appeals announced a US Supreme Court decision in 2022 and Roev in 2024. It overturned the decision of Wade and the Florida Supreme Court, saying that abortion rights are not protected by the state constitution’s right to privacy.
“The constitutional abortion claims could have clearly justified Florida’s judicial resident administration in the past.
The Court of Appeals said it hopes the Florida Supreme Court will consider the issue, but it has taken what is known to prove to the Supreme Court a matter of “very public importance.”
This opinion was the latest in a series of legal and legislative decisions that restricted abortion in Florida. In addition to the 2024 Florida Supreme Court decision, state laws came into effect last year that prevent most abortions after six weeks of pregnancy.
Florida voters approved constitutional amendments in 2004, and approved the pathway for Congress to pass a law requiring minors to notify their parents or guardians before they have an abortion. The 2020 lawmakers added it in their consent requirements. The law retained the exemption process.
Notices and the problems that come with them have long been debated, and supporters of the requirements say that minors are not mature enough to make abortion decisions. However, opponents argue that, for example, some minors could face problems such as abuse if their parents were found to be pregnant.
Exemption cases reaching the Court of Appeal are relatively rare. On Wednesday, the 17-year-old appealed after Clay County Circuit Judge Angela Cox refused to request an exemption.
Although most details of such cases are kept secret, the Court of Appeals said that the minor filed a petition with the Circuit Court on May 6th, and the judge held a hearing the following day. Cox ruled that minors are not mature enough to receive a waiver.
The minor’s lawyer appealed, causing a seven-day window for the appeal court to govern. Wednesday’s opinion said minors are also approaching the end of the six-week pregnancy window to get an abortion in Florida.
Uthmeier intervened in the case, claiming that “Florida’s maturation and the best judicial exemption process is at odds with the constitutional rights of pregnant minors’ parents.”
“Furthermore, the Attorney General points out the rich customary tradition of reinforcing parents to order child issues surrounding child dissent, and argues that this rich historical tradition informs the appropriate interpretation of parental rights (part of the Florida Constitution) that (part of the Florida Constitution) ensures,” the opinion stated. “It’s true, the Florida Supreme Court has made it clear that our state constitution protects more parental rights than the federal constitution.”
Another part of the immunity law states that the court “prioritizes evidence and allows minors to have an abortion without parental consent if the petitioner finds himself a victim of child or sexual abuse given by his parents or her guardian. Wednesday’s opinion does not appear to have an impact on some of the law.
Gov. Ron DeSantis appointed Platt and Masiber to the Daytona Beach-based Court of Appeals, with Lambert appointed by former government Rick Scott.
Jim Sanders, Florida news service
