A Massachusetts appeals court has verbally skewered a judge who ordered that a mentally ill woman have an abortion against her will even if it meant she had to be “coaxed, bribed, or even enticed” into a hospital.
The Massachusetts Appeals Court this week overturned the ruling by Norfolk Probate Judge Christina L. Harms, who had also ordered that the 32-year-old woman, known as “Mary Moe,” be sterilized.
The appellate decision noted that Moe “has consistently expressed her opposition to abortion” and likely would “continue to do so if she were competent.”
The facts in the case are not in dispute, according to court documents. Moe, who suffers from schizophrenia and bipolar mood disorder, is a few months pregnant. She has been pregnant twice before: The first time she had an abortion; the second time she gave birth to a boy who is now in the custody of her parents. Between her abortion and the birth of her son, she suffered a “psychotic break,” and has been hospitalized numerous times for mental illness.
At a December hearing, the state Department of Mental Health asked a court to grant temporary guardianship of Moe to her parents. That would allow the parents, who were already caring for one child, to give consent to an abortion for their daughter. (Court documents do not mention who the father is.)
Harms approved the guardianship, finding that Moe was incompetent to decide on an abortion based on “several and substantial delusional beliefs” -– including that Moe mistakenly believed she had a daughter and that she had previously met the judge.
According to the appellate ruling:
The judge ordered that Moe's parents be appointed as coguardians and that Moe could be "coaxed, bribed, or even enticed ... by ruse" into a hospital where she would be sedated and an abortion performed.
Additionally:
“...the judge directed that any medical facility that performed the abortion also sterilize Moe at the same time ‘to avoid this painful situation from recurring in the future."
Moe’s court-appointed lawyer, Doug Boyer, appealed Harms’ decision.
5 comments:
You can bet the Pro Life Movement will be marching on the Norfolk probate judge Christin L. Harms who Ruled on murdering an innocent life with signs that say.....
IT IS NO LONGER ONLY YOUR BODY BUT THE LIFE OF AN INNOCENT BABY"
HOW WOULD YOU LIKE TO BE TAKEN INTO A CLINIC AND MURDERED ?
OR
THE BABY HAS NO VOICE WHY ARE THE GRANDPARENTS WANTING TO MURDER THEIR OWN FLESH AND BLOOD WHILE THE COURT ORDERS THE DEATH SENTENCE ?
It's not right and if were allowed the repercussions as time goes by WILL weigh heavy on Mary Moe's " parents that allowed their innocent Grand-Baby murdered because of either personal and financial complications.
Instead of the judge ordering an abortion because of Mary Moe's schizophrenia and bipolar mood disorder,after the first child was born why didn't Mary Moe's parents ask the Court to put in place a "Court Order" stating Mary Moe had to see a physician on a regular basis and put in place a device, drug or chemical agent that prevents conception ?
If Mary Moe can understand she does not want an abortion she can understand she has mental problems and it would be in her best interest not to become pregnant until mentally well and stable and even if Mary does not understand she needs to be on contraceptives.
This is an important ruling
I realize the reason this case was important is because it involved forced abortion, but I hope can also be used for the general category of the rights of the disabled.
The voice of the disabled must always be allowed to be heard in a court of law, which is their Constitutional Right !
The families of the disabled must advocate and prepare for unforeseen circumstances. However, as human beings we don't always see trouble on the horizon until it's too late and circumstances of the situation is beyond our control.
In Mary Moe's case, a disabled person with schizophrenia and bipolar mood disorder is fighting for her childs life but judge "Harms" excluded, discriminated and refused to hear Mary's voice and ruled to KILL Mary's unborn child which is so wrong on so many levels.
Mary 's parents must understand Help is out there for Mother's who find themselves pregnant without resources to care for the bady, the kind of help that advocate for the baby without forcing an innocent unborn child to die.
"All families go through horrific challenges that care for disabled family members, heart wrenching problems but my point is, the disabled have Rights and those Rights should ALWAYS be acknowledged by a judge in a court of law, And, in this case the Baby also has the Right to Live !
Mary Moe is her childs voice...one must wonder who really is the disabled person here...
I am glad this case is receiving alot of attention.
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