Senate panel advances abortion consent measure

TALLAHASSEE — The stark divide over abortion rights played out Tuesday before a Florida Senate committee, which approved a measure requiring parental consent before a minor terminates a pregnancy.

A steady parade of Floridians testified before the Health Policy Committee before it voted 6-3 to advance the controversial measure, which has emerged as a priority for Republican leaders in the Legislature heading into next year’s election.

Supporters of the bill quoted scripture, told personal stories involving abortion and defended the proposal as bringing Florida families closer. Opponents said the legislation violates both state and federal constitutional guarantees and is a blow against women.

Some also warned that government was incapable of dictating how families interact.

“Good parents … want to be involved,” said Trish Neely, with the Florida League of Women Voters. “But let’s get real: There are good parents and bad parents out there.”

The vote broke along party lines, with Democrats opposing the measure.

But supporters of the legislation (SB 404) said it is only right that parents be asked to give their consent for abortion when virtually all other activities involving minors need approval from a parent.

“Parental consent is of paramount importance to the family unit,” said Keith Flaugh, managing director of the Florida Citizens Alliance, a conservative nonprofit mostly involved in education issues.

The bill, by Sen. Kelli Stargel, R-Lakeland, requires girls under age 18 seeking abortion to get notarized consent from their parents or legal guardian. It allows for girls who are unable or unwilling to get parental consent to seek a judge’s waiver in court.

A survey, though, of Florida’s 67 county courts conducted by abortion rights advocates resulted in them declaring more than half the counties currently unprepared to deal with questions involving judicial waivers for abortion.

The issue is personal for Stargel. She had a child as a teenager through an unplanned pregnancy and told the committee that at the time, she feared telling her mother.

“When I spoke to her, she actually advised (I have) an abortion,” Stargel said. “I didn’t go that direction. We had a discussion about it and when I told her I wanted to have my child she supported me. I think those same things may happen in a situation with other families.”

Sen. Lauren Book, D-Plantation, disputed such views.

“We’re going to put Florida’s young girls in a really tough position,” Book said. “Make no mistake, there will be consequences.”

Florida currently has a parental notice law approved by voters in 2004. It also gives a minor the right to appear before a judge to avoid telling a parent.

Increasing that standard to parental consent is viewed by supporters as heightening a family’s oversight, although it also likely will bring the issue back before the Florida Supreme Court.

Florida had a parental consent law 30 years ago that was overturned by the state Supreme Court for violating the state’s constitutional right to privacy.

But those promoting the consent measure think the current court is ready to revisit that ruling. Gov. Ron DeSantis named three conservative justices in January to replace retired, more liberal leaning members. The restructured court may take a narrower view of privacy.

DeSantis will soon be replacing two of those justices, who were nominated to the federal court by President Donald Trump and confirmed last month by the U.S. Senate. The replacements also are expected to be conservatives.

Legislation (HB 265) similar to Stargel’s already is on a fast-track in the state House, which is expected to approve its proposal soon after the Legislature opens the 2020 session on Jan. 14. Senate Health Policy Chair Gayle Harrell, R-Stuart, said following Tuesday’s vote that the House’s action could give added momentum for the Senate to act.

“I think if they pass the bill out … people will be looking for it,” Harrell said.

With the U.S. Supreme Court also tilting more to the right following Trump’s selection of Justice Brett Kavanaugh, nine states this year approved abortion restrictions that could challenge the constitutional right established in 1973 with the Roe v. Wade case.

Several speakers Tuesday said they do not support Stargel’s bill because it does not go far enough. They want an outright ban on abortion.