Acuna v. Turkish is now Exhibit A to be presented to that Court which shows what devastating damage is done to the rights of the women of our state because of the loose reasoning and the use of loose language employed in that case. Many women of our state are losing their children and their constitutionally protected interest in their relationship with their children in abortion procedures they would not have had if they were told truthful biological facts. Such injustices do not advance the rights of women. They destroy them.
There is no public policy that justifies the destruction of the mother's fundamental rights only because abortion providers prefer not to make disclosures which are necessary for an informed decision. We must be more concerned about the fundamental rights of women than the delicate sensibilities of the physicians charged with the duty to preserve their interests.
The argument advanced by the Defendants in this case portrays women as
weak and unintelligent. They portray the women as being too weak to be
given truthful, factual information before the decision is made because
they presume to think the woman could not make a reasoned decision for
herself, if given information which is disturbing to the physician. Their
arguments portray the women as being incapable of ultimately learning the
truth after the abortion procedure is performed. As the United States
Supreme Court has acknowledged on two separate occasions, when subsequent
events lead to the woman realizing the truth, it is predictable that she
will suffer devastating psychological consequences as the result of being
mislead about such an important decision.
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