GOP Lawmakers Want to Make It Harder for Minors to Get an Abortion Without a Parent's Consent

Six years after the U.S. Supreme Court ruled in Roe v. Wade, legalizing abortion across the country and protecting it as a woman's constitutional right, the high court took up another thorny issue: are pregnant minors afforded that same right?

The 1979 case Bellotti v. Baird challenged a Massachusetts law requiring pregnant minors to get parental consent before obtaining an abortion. In writing the plurality opinion, Justice Lewis Powell explained that the court had to balance two competing interests. Noting the "peculiar vulnerability of children," Powell wrote that the "rights of children cannot be equated with those of adults." However, Powell also said the decision of whether or not to end a pregnancy "differs in important ways from other decisions facing minors." While states may reasonably want to ensure that parents are in on the decision, Powell wrote that parents should not be allowed to exercise an "absolute, and possibly arbitrary, veto" over a girl's choice to have an abortion.

The ruling meant a couple of things. First, states could still have parental consent laws on the books if they wanted to (the court refused to extend full abortion rights given to adult women under Roe to minors). But states also had to provide an escape hatch: girls could petition a judge for approval if their parents wouldn't consent or if girls were too afraid to ask them.

Ever since, anti-abortion activists have been trying to restrict that process, known as judicial bypass, and this session there are a slate of bills filed by Republican lawmakers in the Texas Legislature that would make it increasingly difficult, if not impossible, for many teenage girls to get an abortion without the approval of a parent.

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Michael Barajas
Contact: Michael Barajas