Arizona Courts Allow 14-Year-Old Girl to Leave State for Late-Term Abortion in Kansas

By Liz Townsend

A 14-year-old girl in the custody of Arizona state authorities traveled to Kansas with the approval of the Arizona Supreme Court to abort her 27-week-old unborn baby. Although it hasn't been officially confirmed, it is presumed that the baby died soon after the girl arrived in Kansas in late August.

The girl, who was not identified by name, has been a ward of the state since she was eight years old and ran away from what she said was a home filled with drugs and abuse, according to the Arizona Republic. Since then she has lived in various foster homes, group homes, and the Durango Juvenile Detention Center in Phoenix, and has a history of running away, occasionally to return to her mother or other relatives. Her mother was murdered in January 1999 and her father is in prison, the Republic reported.

In May, she told state officials she was pregnant and wanted an abortion, the Republic reported. At that time, her unborn baby was about 14 weeks old. Officials gave permission for the abortion, but the girl ran away again, and didn't return until August.

Since the unborn baby was now over 24 weeks old, and Arizona requires such late-term abortions to be done with a method that would give the baby a chance to survive, her case was taken to a judge to determine if she could leave the state to get the abortion.

Judge William Sargeant of Maricopa County Superior Court ruled that it was in the girl's "best interest that she be permitted to travel to Kansas to be treated by Kansas doctors practicing pursuant to and under the strictures of Kansas law, provided there was no expense to and no expenditure by the state of Arizona," according to a case summary in the state Supreme Court decision.

Kansas law allows late-term abortions for "irreversible and irreparable" physical or mental harm. Notorious abortionist George Tiller is known for performing late-term abortions at his Women's Health Care Services clinic in Wichita, Kansas.

When the story was first made public, Arizona Gov. Jane Hull refused to intervene in the case. "I think we have to let the process move forward," she told the Republic. "What can we do at this point? There's a court order."

After a huge public outcry against Judge Sargeant's ruling and the state's inaction, the Governor's Office asked Sargeant on August 26 to reconsider his ruling, according to the Republic. But the judge reaffirmed his decision the next day.

The state quickly appealed the ruling, and Appeals Court Judge Michael Ryan issued a temporary stay August 28 until a three-judge panel could hold a hearing on the case, the Republic reported. However, a motion was sent to the state Supreme Court that night, asking the justices to vacate the stay and allow the girl to leave for Kansas immediately.

The girl's attorneys asked for emergency consideration, contending that "unless [she] could travel on August 29, the Kansas procedure would be unavailable," according to the court decision.

The five justices heard oral arguments in a telephone conference call on Sunday morning, August 29. Later that day, with a 3-2 majority, the court restored Sargeant's original decision and allowed the girl to get the abortion.

According to the Republic, the girl quickly flew to Kansas with a "volunteer court-appointed special advocate," where according to various newspaper accounts, she is presumed to have had the abortion at Tiller's clinic.

Police are continuing an investigation to find the baby's father, who could be charged with statutory or forcible rape, since the girl was only 13 when she became pregnant, according to the Republic. The girl refuses to cooperate with the investigation, but her relatives gave police her address book and a letter she wrote to the baby's father, telling him, "I'm pregnant. I mean, I'm really pregnant. You're the only person it could have been." She also asked him for $700 to pay for an abortion, the Republic reported.

The case continues to generate controversy. Gov. Hull has called for a "complete" investigation, including a review of decisions made by the state Child Protective Services agency and a determination about how the case was leaked to the media, according to the Republic. State legislators have also called for committee hearings on the conduct of state agencies.

Pro-lifers mourn the loss of the unborn baby and the 14-year-old girl who was supposed to be in the "care" of Arizona, which has laws designed to protect both their interests.