A Florida judge ruled that a 16-year-old in state care was not “sufficiently mature to decide whether to terminate her pregnancy.”
MIAMI — Jane Doe 22-B, a 16-year-old in the care of Florida child welfare authorities, told a Florida judge she was “not ready to have a baby,” and sought a court order granting her permission to terminate a 10-week pregnancy.
Escambia Circuit Judge Jennifer J. Frydrychowicz rejected Jane’s request. The order offers little detail regarding Frydrychowicz’s decision, except to say the judge believed Jane lacked the maturity — a requirement under the statute — to choose an abortion. One Supreme Court justice, Clarence Thomas, suggested the court should consider allowing states to restrict other rights that rested upon the same privacy foundation as the Roe decision, including the right to same-sex marriage.The order by a three-judge panel of the 1st District Court of Appeal in Pensacola was signed by judges Harvey L. Jay III, Rachel E. Nordby and Scott Makar.
Both Frydrychowicz’s original order, and the appeals court’s affirmation of it, leave Jane an off-ramp. Jane may return to Frydrychowicz’s court again and ask the judge to reconsider her ruling. But under Florida’s statutory scheme, Jane will be barred from having the procedure in Florida when the pregnancy reaches 15 weeks.
Complicating the ordeal, the order said, was the recent death of one of Jane’s friends. In a separate opinion, Judge Scott Makar wrote that “reading between the lines, it appears that the trial court wanted to give the minor, who was under extra stress due to a friend’s death, additional time to express a keener understanding of the consequences of terminating a pregnancy.”
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