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ADF attorneys, pro-life groups: Parental involvement more needed for abortions than for body piercings

Friend-of-the-court brief filed in Pa. Supreme Court to support judge's conclusion on required parental consent

Tuesday, Dec 28, 2010
PITTSBURGH — Alliance Defense Fund attorneys, along with Americans United for Life  and ADF-allied attorney Randall Wenger, submitted a friend-of-the-court brief to the Pennsylvania Supreme Court in the first-ever review of that court of a law requiring parental consent for a minor’s abortion. Joining ADF clients, Pennsylvania Family Institute, and Pennsylvania Pro-Life Federation are the Pennsylvania Catholic Conference and nearly 70 state legislators who support the law protecting a parent’s right to be involved in their child’s decision regarding abortion.
 
The common sense Pennsylvania law and others like it have already been upheld at the U.S. Supreme Court. The ADF brief argues that a Pennsylvania trial court judge applied the correct legal standard and legitimately exercised his legal authority under the statute when he rejected a minor girl’s request for a secret abortion, stating that she needed consent from at least one of her parents.
 
“Parents should have a right to be involved in their child’s critical life-changing decisions, and that includes abortions,” said ADF Legal Counsel Matt Bowman. “Secret abortions performed on minors leave children in the hands of a predatory abortion industry that has put profits above parents’ rights and the health and safety of young girls and their preborn children.”
 
The girl in the lawsuit In re: Jane Doe sought a judicial bypass that would have hidden the abortion from her parents. A Pennsylvania trial court judge denied that bypass. While the law allows for a bypass in certain circumstances, it does not require rubber-stamp approval of every petition. The brief argues that a judge should have the freedom to carefully weigh the evidence and exercise proper discretion in allowing the parents a role in the abortion decision. Tragically, at least one parent of the girl ultimately consented, permitting the abortion of their grandchild.

"Pennsylvania law appropriately requires that children obtain parental consent to get a body piercing in Pennsylvania, yet abortionists argue that these same children should be able to secretly kill their preborn babies in a risky medical procedure," said Wenger, of the Independence Law Center, one of nearly 1,900 attorneys in the ADF alliance.  "While the baby in this particular case can never be brought back, the law must be upheld so that Pennsylvania parents may protect their daughters from being victimized under the cover of darkness by the profiteers of death in the abortion industry."
 
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
 

Legal Documents

Opinion: Planned Parenthood of Southeastern Pennsylvania v. Casey
Amicus brief: In reJane Doe

Related Resources

ABOUT Matt Bowman

Matt Bowman serves as senior counsel and director of regulatory practice for Alliance Defending Freedom, where he leads the team focusing on the impact of administrative law on religious freedom, the sanctity of life, and family. From 2017 to 2020, Bowman was a senior executive service appointee in the Trump administration, serving the U.S. Department of Health and Human Services as Deputy General Counsel, and then in the Office for Civil Rights. Prior to joining HHS, Bowman was an accomplished litigator at ADF for over ten years. Before joining ADF in 2006, Bowman served as a law clerk for Judges Samuel A. Alito, Jr., and Michael A. Chagares, at the United States Court of Appeals for the Third Circuit, and for Judge John M. Roll at the U.S. District Court for the District of Arizona. Bowman earned his J.D. summa cum laude and was first in his class at Ave Maria School of Law in 2003. He is a member of the bar of the District of Columbia and Michigan and is admitted to practice at the U.S. Supreme Court and multiple federal appellate and district courts.