3rd Circuit Court Of Appeals Rules That Philadelphia Clinic Did Not Violate Rights Of Minor, Parents By Dispensing EC On Request

Main Category: Women's Health / Gynecology
Also Included In: Pediatrics / Children's Health;  Sexual Health / STDs;  Litigation / Medical Malpractice
Article Date: 28 Sep 2007 - 3:00 PDT

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The 3rd U.S. Circuit Court of Appeals in Philadelphia on Friday ruled unanimously that a city health clinic did not violate a 16-year-old girl's rights or those of her parents when it gave her emergency contraception without notifying her parents, the AP/Pennlive.com reports.

Melissa Anspach visited the clinic in January 2004 for a pregnancy test that was not available that day, so at a friend's recommendation she returned to the clinic later and requested EC, which can prevent pregnancy if taken up to 72 hours after sexual intercourse. Anspach spoke briefly with a social worker before a nurse gave her one dose at the clinic and a second dose to take 12 hours later. She experienced severe abdominal pains and vomiting after taking the medication, so she told her parents about the drug and they took her to a hospital, where she was treated and released, the AP/Pennlive.com reports.

The Anspachs, who said they oppose abortion, raised religious objections to the clinic's actions, the AP/Pennlive.com reports. The 3rd Circuit Court in a 47-page ruling wrote that it disagreed with that argument because Melissa Anspach did not voice those views during the visit. Judge Theodore McKee in the ruling wrote that the girl went to the city-run health center voluntarily and could have told her parents before or during the visit.

"The Constitution does not impose an affirmative obligation on (the) defendants to ensure that children abide by their parents' wishes, values or religious beliefs," McKee wrote. "Here, the center, a public health clinic, had no authority over Melissa, nor did center staff become involved in Melissa's reproductive health decisions without invitation," he wrote, adding, "Melissa was only given the pills because she asked for them."

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"The parents are being removed from the equation, which doesn't bode well," lawyer Joseph Stanton, who represents the Anspachs, said, adding, "It's only one case, but the message is not a good one for the family." Susan Frietsche, senior staff attorney of the Women's Law Project, which filed an amicus brief in support of the city, said, "We're obviously very pleased," adding, "It's a very strong, clear decision" (Dale, AP/Pennlive.com, 9/24).

The ruling is available online (.pdf).

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