Florida Gov. Jeb Bush has intervened in a child-welfare case to protect the unborn baby of a mentally disabled rape victim.
According to the Associated Press, the 22-year-old woman, who is unable to speak, has no family. She has lived in a state facility outside of Orlando nearly all of her life. The state’s child-welfare agency served as her legal guardian up until age 18.
Because of her disability, her pregnancy is considered rape. Orlando police say they are working to obtain DNA samples from two elderly unidentified men.
Although no one has publicly suggested an abortion be performed, officials with the Department of Children & Families, or DCF, filed an emergency petition last week, asking a circuit judge in Orlando to appoint guardians for her and the child.
But after researching the legal ramifications, a DCF attorney told the Orlando Sentinel the agency abandoned its request for a guardian for the baby, calling it “clearly improper.” The attorney cited a 1989 ruling by the Florida Supreme Court in a landmark abortion-rights case.
“It’s not our intention to undo the Supreme Court’s ruling,” the newspaper quoted Richard Cato as saying.
Cato said the state would wait until after the birth to seek a guardian for the baby.
Yesterday, Bush, who opposes abortion, overruled the agency and ordered lawyers to seek a guardian for the unborn baby.
“Given the facts of this case, it is entirely appropriate that an advocate be appointed to represent the unborn child’s best interests in all decisions,” Bush said in a statement. “While others may interpret this case in light of their own positions, we see it as the singular tragedy it is, and remain focused on serving the best interests of this particular victim and her unborn child.”
The governor’s decision prompted outrage and praise, reports the Associated Press.
The American Civil Liberties Union called it unconstitutional.
“He ought to be ashamed of himself,” Howard Simon, executive director of ACLU of Florida told the AP. “That he would personally step in and take responsibility to coerce a developmentally disabled rape victim to carry a pregnancy to term. That is atrocious on his part.”
The ACLU, along with the National Organization for Women and Center for Reproductive Rights, filed a court brief asking the court to deny the governor’s request, claiming such a judgment would go against precedent that a fetus is not a person.
But anti-abortion activists countered the argument.
“The unborn child is as deserving of protection as this mother is deserving of protection,” said Lynda Bell, spokeswoman for Florida Right to Life. “This unborn child certainly has personhood.”
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