29 Pages Posted: 26 Apr 2005 Last revised: 5 Aug 2008
Date Written: April 2005
In some states, a minor cannot obtain an abortion without first notifying and/or obtaining consent from one or both parents. The Supreme Court has required these states to provide a judicial bypass mechanism in which a minor who fears retribution or who is otherwise unable to satisfy the consent/notification statute, can seek permission from a court instead. The question I present is this: Can a Catholic lawyer represent a minor in such a proceeding? I analyze the problem under canon law, catholic theology, and legal ethics. On balance, I conclude that a Catholic lawyer should not undertake the representation of a minor in a judicial bypass proceeding.
Keywords: abortion, judicial bypass, minor, child, Supreme Court, Catholic, lawyer, theology, canon law
Suggested Citation: Suggested Citation
Cunningham, Larry, Can a Catholic Lawyer Represent a Minor Seeking a Judicial Bypass for an Abortion? (April 2005). Catholic Lawyer, Vol. 44, No. 2, 2005. Available at SSRN: https://ssrn.com/abstract=711202 or http://dx.doi.org/10.2139/ssrn.711202