The Twisted Logic of Judicial Bypass Laws

Via RH Reality Check: For the first time, a minor woman in Colorado has been denied judicial approval for an abortion. Colorado law, like that of many other states, require that a minor get parental consent to procure an abortion. If she cannot or will not get parental consent, she can seek a judicial bypass. The Colorado Court of Appeals today upheld a lower court’s determination (PDF) denying a young woman permission to get an abortion. The reasoning is astounding.

The pregnant minor’s burden of proof was to either show by clear and convincing evidence that she was mature enough to make the decision, or by a preponderance of the evidence that notification was not in her best interests.

After the hearing the judge found that “she lacked the maturity to decide whether to have an abortion.” The court emphasized her “unwillingness to communicate with her mother or consult with other adults, her focus on her own needs, and her failure to discuss the matter with a doctor.” The trial court also felt that she had “only minimal understanding of the risks of the abortion procedure” and that she was “unemployed and being supported by her mother.”

So let me get this straight: a woman whom the court feels is not mature enough to make her own choices about her reproductive life is mature enough to have and raise a child?

[scratches head}