Wednesday, October 04, 2006

CIANA didn't pass.

Awesome.

Do you know what CIANA is? It was legislation that republicans and sundry other conservatives wanted to pass, criminalizing the act of bringing a minor across state lines to secure an abortion, by anyone but her parents. It also criminalizes any doctor, even in states without parental consent laws, who does not obtain sufficient proof that a minor obtaining abortion is from the state she is having the abortion in, and that anyone accompanying her has the legal right to.

A lot of people seem to think there's nothing wrong with this act. They think that an abortion is a medical procedure, and as such, it's reasonable to need parental presence or consent. Of course, there are tons of cases where we allow people to act in loco parentis. For example, on a field trip to New York fifteen hundred years ago, when I was young, a girl traveling with our group had abdominal pains in the middle of the night. She was rushed to the hospital, where it was discovered that she had mono and her spleen had burst. She had emergency surgery. The chaperone was not prosecuted for having secured medical care for a minor without parental consent, because that's not a crime.

There's also the impression that the ONLY reason that a person, not a parent, to take a minor across state lines for an abortion is to circumvent parental consent laws. Not true. There are many states with few abortion providers- it's likely someone in that state may be closer to an out-of state abortion provider than an in-state one.

Another joy to this act not passing is that if it did pass, it would set a dangerous precedent for when Roe is overturned (if it ever is, which I do not think is out of the question), allowing states where abortion is illegal to prosecute residents who have had abortions in other states. Imagine, someone living in South Dakota, traveling to Minnesota for an abortion, and being tried for murder upon return home; or, alternately, never being able to return home. Imagine female refugees, millions, unable to ever return to anti-abortion states for fear of prosecution.

3 comments:

pineapple said...

if they did this, though...would it pertain just to abortion-related medical procedures, or would it blanket everything including kids on field trips (as your example mentioned)?

also: ridiculousness. and tragical.

HoboHermit said...

It would just be for abortion.

I was just using that example to show how we actually do let other adults help minors with medical procedures, so abortion shouldn't be distinguished.

pineapple said...

just for abortion, though...that's...ugh.

i know it was an example, but how they can distinguish between medical procedures is ridiculous.

how would this relate to say...ectopic pregancies? or some other preggers-related emergency where it's the fetus pieces or the mother?

it happens to young girls too, so that's just scary.