Court May Force Mentally Disabled Nevada Woman to Have Abortion

[bonnie]

Court May Force Mentally Disabled Nevada Woman to Have Abortion

by Becky Bowers-Greene LifeNews.com | 10/31/12 5:02 PM

With obvious public outcries against forced abortions in China and forced sterilizations of mentally handicapped individuals in Nazi Germany, one might assume the United States knows better.

However, today, in Nevada, the life of an 11-week-old unborn baby and the future of his or her 32-year-old mother hang in the balance as a judge considers whether or not to order the woman to undergo an abortion and sterilization against her will.

Elisa Bauer, who suffers from severe mental and physical disabilities attributed to fetal alcohol syndrome, is currently in the final weeks of her first trimester. The second-oldest of six children adopted by William and Amy Bauer in 1992, Elisa has epilepsy and is said to have the mental and social capacity of a 6-year-old.

The circumstances surrounding her pregnancy are unknown. Her family suspects she may have been raped, but it’s possible the sexual encounter that led to her pregnancy was consensual. On several occasions, Elisa has left her group home for hours or days at a time to engage in sexual activity with men at a local truck stop.

Legal guardianship

Since turning 18 in 1998, she has continued to remain under court-approved guardianship of her parents, who were given legal authority to make final decisions regarding her health and welfare, even as she lived in a group home.

While Elisa has maintained that she wants to carry out her pregnancy, she knows she will be unable to care for the child. The Bauers support her decision, are following all the prenatal protocol for high-risk pregnancies, and have already lined up six qualified couples who are eager to adopt Elisa’s child once he or she is born.

However, when Washoe County Social Services became aware of Elisa’s pregnancy, the department issued an informal report requesting that the Court set a status hearing to address the potential health effects Elisa’s pregnancy could have on her and her unborn child, and possibly override the mutual decision made between Elisa and her parents to have her baby.

Jason Guinsasso, the attorney for the Bauers, says that the court has no jurisdiction to intervene in any health-related decisions regarding Elisa — pregnancy included — because Elisa’s parents are the legal guardians. He adds that Washoe County Social Services Department must submit a formal petition based on substantial grounds to usurp guardianship before the County Court can get involved.

“There are no statutes that give this Court or Washoe County the authority to compel Elisa to have an abortion. Such decisions are left to the sound discretion of the duly appointed guardian(s)… To date, Washoe County has utterly failed to provide clear and convincing evidence that Mr. and Mrs. Bauer’s decision to support Elisa’s efforts to carry her child to term is unlawful or that they are not acting in a manner consistent with the best interests of Elisa’s health and welfare.”

Medical insight

The Bauers have also consulted a number of doctors in an effort to provide the best care to their daughter and obtain expert opinion that debunks the notion that abortion and sterilization are the appropriate and only measures recommended in Elisa’s case.

Dr. Michael Czerkes, an OB/GYN at St. Mary’s Regional Medical Center in Lewiston, Maine reviewed all the medical facts and concluded that abortion was neither necessary nor prudent.

[Nic Samojluk]

We can look at this case from a legal point of view or a moral one. Is it morally justified to kill a human being for the sake of protecting the lifestyle of a pregnant woman?

An unwanted pregnancy is a temporary inconvenience and may result in a temporary mental depression for a woman, but the death of the unborn baby is a permanent and irreversible condition for which there is no remedy.

Physicians are expected to do no harm to their patients.

[bonnie]

We can look at this case from a legal point of view or a moral one. Is it morally justified to kill a human being for the sake of protecting the lifestyle of a pregnant woman?

An unwanted pregnancy is a temporary inconvenience and may result in a temporary mental depression for a woman, but the death of the unborn baby is a permanent and irreversible condition for which there is no remedy.

Physicians are expected to do no harm to their patients.

This was not meant to be anti abortion topic. It deals with the possible forced abortion

[Nic Samojluk]

I would like to quote the following from the article:

"The Bauers have also consulted a number of doctors in an effort to provide the best care to their daughter and obtain expert opinion that debunks the notion that abortion and sterilization are the appropriate and only measures recommended in Elisa’s case."

These physicians are ignoring one basic fact. They are pretending to be treating a single patient: the pregnant girl, while ignoring with their silence the other patient--the unborn baby.

The unborn baby is not an integral part of the pregnant girl's body. It has its own DNA and it is a human being with its own rights. When the unborn baby is wanted, killing it is considered to be a violation of the right to life.

There have been several cases when a pregnant woman is murdered and the murderer has been charged with a double count of murder. A recent case was Scott Peterson.

Does this make logical sense? Killing an unborn baby is either right or wrong. It cannot be murder only when the baby is wanted.

[bonnie]

I understand all that. I was interested in what is termed pro-choice can be turned into pro-force.

[Nic Samojluk]

I understand all that. I was interested in what is termed pro-choice can be turned into pro-force.

My opinion is that forcing a woman to kill her unborn baby is morally wrong!

[Liz]

Has there been a ruling on this yet, does anyone know?

[Nic Samojluk]

Has there been a ruling on this yet, does anyone know?

Not yet! The date is set for November 27. Here is a link to the story and some excerpts from it:

http://www.lifenews.com/2012/11/13/judge...woman-to-abort/

"Nevada District Court Judge Egan Walker is presiding over hearings to determine if a 32-year-old mentally disabled woman should be permitted to carry her pregnancy to term or whether it is in her “best interests” to be forced to have an abortion against the will of her parents who are her guardians.

It doesn’t take much imagination to tell where this will lead. ...

The Bauers have said that their disabled daughter wants to have the baby. She does not want to kill it and several couples have expressed a desire to adopt the unborn child. We also know that Judge Walker could intervene to force an abortion. ...

How does this happen in America where a judge can intervene in a way that could force an abortion of a mentally disabled woman against the wishes of her family who are her guardians? Where are the allegations of abuse? What have the Bauers done wrong? How can a court interject itself into family decisions like this where there is no evidence or even charges of abuse or incompetence on the part of the guardians who are her parents, to overrule their decisions and possibly decide for an abortion of their grandchild? How can other guardians and families be safe from state intrusion and the prospect of forced abortion?

It is true that the young woman has epilepsy and that she is taking medications for it that could possibly harm the unborn child. But epileptic women have babies all the time and doctors know how to care for them. Letters from epileptic mothers have expressed outrage at the notion that their condition makes it too dangerous for them to bear children.

The mother is healthy and so is her unborn child but the court appointed attorney has acted like she is prosecuting the unborn. Her arguments demonstrate the corrupt and corrosive nature of the abortion mentality. That is, if any risk, no matter how minute, can be shown to make abortion a fraction safer than child birth (a spurious proposition), then in this mind set, abortion is warranted. This says that innocent human beings are expendable if they pose even the slightest risk to us. ...

This is the ugly face of abortion on display. Abortion sends the clear, unmistakable and absolutely unconscionable and intolerable message that certain classes of human beings are expendable for the benefit of other people and that some people are just not acceptable in our society. It sends the equally clear message that baby humans are means to our ends.

What’s next? There are two more hearings before a decision is made on November 27.

[phkrause]

How does this happen in America where a judge can intervene in a way that could force an abortion of a mentally disabled woman against the wishes of her family who are her guardians? Where are the allegations of abuse? What have the Bauers done wrong? How can a court interject itself into family decisions like this where there is no evidence or even charges of abuse or incompetence on the part of the guardians who are her parents, to overrule their decisions and possibly decide for an abortion of their grandchild? How can other guardians and families be safe from state intrusion and the prospect of forced abortion?

At this point I'm still wondering how true it is that another judge can do what you are saying above? Is there ant evidence that this can happen? or are you just projecting that this is the case?

[bonnie]

At this point I'm still wondering how true it is that another judge can do what you are saying above? Is there ant evidence that this can happen? or are you just projecting that this is the case?

Perhaps you would accept CBS and then a search will give you dozens of links to the identical story

http://www.cbsnews.com/8301-201_162-5754...d-nevada-woman/

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.

The parents argue that as their daughter's legal guardians, they have exclusive authority over her health care decisions. They cite their religious beliefs and say they want the baby to be born.

Six couples have expressed an interest in adopting the baby, the woman's parents said.

The parents say their daughter has the mental capacity of a 6-year-old. She was living at a group home when she became pregnant.

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

A lawyer for the parents, Jason Guinasso, told The Associated Press it's not known whether the pregnancy resulted from rape or consensual sex.

The woman became pregnant 13 weeks ago after wandering away from a Reno group home. The father hasn't been identified, and the circumstances are being investigated by county officials. AP isn't naming the woman or her parents because the issue remains unclear.

At a court hearing last week, two medical experts testified the pregnancy carries risks because the woman has epilepsy and is on medication. They disagreed on whether the pregnancy should be terminated.

Deputy Washoe County District Attorney Dania Reid noted there has been no motion or discussion to order an abortion in the case.

© 2012 The Associated Press.

[Johann]

On the radio a few hours ago we were told of a woman in Ireland who pleaded for an abortion. She was told that since Ireland is a Catholic country she could not have an abortion, even though she was so sick she had to be taken to the hospital. Finally the physician removed a dead fetus, but it was too late. The woman died from the poisoning. Now church and federal authorities are discussing what should have been done to save the life of the woman.

[bonnie]

On the radio a few hours ago we were told of a woman in Ireland who pleaded for an abortion. She was told that since Ireland is a Catholic country she could not have an abortion, even though she was so sick she had to be taken to the hospital. Finally the physician removed a dead fetus, but it was too late. The woman died from the poisoning. Now church and federal authorities are discussing what should have been done to save the life of the woman.

Was the illness caused by the dead child? There are many women that have carried a dead child for a length of time. My brother's niece and a sister of my best friend both went thru a really tough time knowing they were carrying a dead baby and had to wait.

Quite deliberately the Dr's did not induce labor or do C-section,rather let them go into labor on their own. The Catholic church certainly would not have frowned on removing a dead fetus and that they can tell .

What else was wrong with this woman that caused her to be so sick that she went to the hospital?

[Nic Samojluk]

At this point I'm still wondering how true it is that another judge can do what you are saying above? Is there ant evidence that this can happen? or are you just projecting that this is the case?

Please, read what I posted again. I made it clear that what I posted were excerpts from the story. Those are not my words. I included the link to the story. You should question the author of the story--not me!

[Liz]

I just heard that the judge is not going to order the abortion. I think she should be sterilized after she has the baby, since she has the mental capacity of a six year old and she can't even tell them how she got pregnant in the first place. However, that is between her and her parents. I think I read in an article that they are planning to adopt the baby out, so that is good.

[Johann]

Originally Posted By: Johann

On the radio a few hours ago we were told of a woman in Ireland who pleaded for an abortion. She was told that since Ireland is a Catholic country she could not have an abortion, even though she was so sick she had to be taken to the hospital. Finally the physician removed a dead fetus, but it was too late. The woman died from the poisoning. Now church and federal authorities are discussing what should have been done to save the life of the woman.

Was the illness caused by the dead child? There are many women that have carried a dead child for a length of time. My brother's niece and a sister of my best friend both went thru a really tough time knowing they were carrying a dead baby and had to wait.

Quite deliberately the Dr's did not induce labor or do C-section,rather let them go into labor on their own. The Catholic church certainly would not have frowned on removing a dead fetus and that they can tell .

What else was wrong with this woman that caused her to be so sick that she went to the hospital?

I only heard this on the radio news once, and have not heard more since then. The only item that I recall which I did not state before is that the women was a Muslim.

[Planey]

Quote:

A Woman has died of blood poisoning from a miscarriage, after an Irish hospital denied her an abortion telling her "this is a Catholic country".

The tragedy comes as the country is in the throes of a passionate debate over potential abortion law reform.

The Irish Times reports that both the hospital and the health department have begun investigations into the death at University Hospital Galway last month.

Savita Halappanavar, 31, a dentist who was 17 weeks pregnant, went to the hospital with back pain on October 21.

Her husband Praveen Halappanavar said she was told she was miscarrying, and after one day of severe pain she asked for a medical termination.

But her repeated requests were refused for three days, he said, because the foetal heartbeat was still present and they said they were legally unable to perform the abortion.

Mr Halappanavar said his wife was "in agony" the whole time.

Eventually the foetal heartbeat stopped and the foetus was removed. But Ms Halappanavar was by now seriously ill, and was taken to the high dependency unit and then the intensive care unit, where she died of septicaemia (blood poisoning triggered by infection) a week after she first arrived at the hospital.

The hospital extended its sympathy to family and friends but said it could not discuss the details of an individual case.

Mr Halappanavar said when the couple first arrived at the hospital they had been told the miscarriage "should be over in a few hours".

"Savita was really in agony," he said. "She was very upset but she accepted she was losing the baby. When the consultant came on the ward rounds on Monday morning Savita asked if they could not save the baby could they induce to end the pregnancy. The consultant said 'As long as there is a foetal heartbeat we can't do anything'."

The next day there was the same conversation, he said, despite Ms Halappanavar pointing out that she was neither Irish nor Catholic.

That evening she started shivering and vomiting and was started on antibiotics. But it was not until lunchtime the next day that the heartbeat stopped and the foetus was removed.

"When she came out (of that operation) she was talking okay but she was very sick," Mr Halappanavar said.

"That's the last time I spoke to her."

The case has aroused high emotions in Ireland, as calls grow for major reform of the country's confusing abortion laws.

Full story here

[LifeHiscost]

Quote:

This was not meant to be anti abortion topic. It deals with the possible forced abortion

The position of the authorities does not surprise me coming from a culture that accepts infanticide as a morally upright choice.

God blesses!

[bonnie]

Quote:

This was not meant to be anti abortion topic. It deals with the possible forced abortion

The position of the authorities does not surprise me coming from a culture that accepts infanticide as a morally upright choice.

God blesses!

What is changing is the word "Choice" and how it is applied. Now some think it their choice what a woman may do with her body.Funny how that works

Whether or not the judge rules in favor of this family,now we have a new elephant in the room thinking that they

have.. 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.

[Nic Samojluk]

On the radio a few hours ago we were told of a woman in Ireland who pleaded for an abortion. She was told that since Ireland is a Catholic country she could not have an abortion, even though she was so sick she had to be taken to the hospital. Finally the physician removed a dead fetus, but it was too late. The woman died from the poisoning. Now church and federal authorities are discussing what should have been done to save the life of the woman.

Yes, there have been several reported cases with the same tragic results. This attitude reminds me of the individual who said: "I will stick to the health reform even if it kills me!

Common sense tells me that if there is strong evidence that both the pregnant woman and her baby are doomed to a sure death, then saving one life instead of loosing two is still pro-life.

[Nic Samojluk]

I just heard that the judge is not going to order the abortion. I think she should be sterilized after she has the baby, since she has the mental capacity of a six year old and she can't even tell them how she got pregnant in the first place. However, that is between her and her parents. I think I read in an article that they are planning to adopt the baby out, so that is good.

Yes, I read a similar report. Here is a portion of it:

"Forced abortion no longer an option in case of pregnant disabled woman, judge rules

by Kirsten Andersen

Wed Nov 14, 2012 15:57 EST

Comments (35)

Tags: elisa bauer

RENO, November 14, 2012 (LifeSiteNews.com) - Judge Egan Walker announced today that abortion is no longer an option being considered in the case of a pregnant Reno woman with mental disabilities. Judge Walker had been holding hearings to determine whether to force 32-year-old Elisa Bauer to abort her baby against the wishes of her adoptive parents, Bill and Amy Bauer, who say she wants to have the baby and give it up for adoption.

Melissa Clement, President of Nevada Right to Life, was in the courtroom during this morning’s hearing. Clement told LifeSiteNews (LSN) that Judge Walker made his announcement “right off the bat” as the hearing opened. He explained that the parties involved in the case had met informally behind closed doors on Friday afternoon, and that abortion had been taken “off the table.”

According to Clement, Judge Walker said that Elisa’s court-appointed attorney and guardian ad litem said they had been able to determine that she did in fact want to carry the baby. As a result, it was decided that abortion is no longer one of the courses of action being considered. The court plans to use the remaining scheduled evidentiary hearings to gather additional information to help her caretakers make the best decisions for her as she carries her pregnancy to term.

After his announcement, the judge dismissed the public, saying that he wanted to continue the hearings in a less adversarial manner. From now on, he said, meetings will be closed to the public and will focus on Elisa’s well-being and future plans for her and the baby.

“We’re very excited,” Bauer family attorney Jason Guinasso told LSN. “This is a big win for Bill and Amy Bauer, a big win for Elisa, and really, a win for the judiciary.” Guinasso complimented the court for its willingness to change direction. “They were able to take a deep breath,” he said, “consider what was being presented to them, and allow what Elisa and the Bauers have been asking for the last three weeks.”

Guinasso said that while he is pleased with the results of today’s hearing, he still believes Judge Walker overstepped his bounds in calling the hearings in the first place.

Previously, Guinasso had sued in the state Supreme Court to stop the proceedings, but the higher court denied his motion.

Guinasso said that he is working with lawyers, state lawmakers, pro-life advocates, and advocates for the disabled to draft legislation to limit the court’s ability to intervene in cases like Elisa’s.

Read more: http://www.lifesitenews.com/news/breakin...tm_medium=email