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Reload this Page Should judges refuse to decide cases they have a moral objection to?

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Post imported post - 18-10-05, 03:28 PM


Specifically, I am referring to two Tennessee circuit court judges who have refused to preside over petitions by minor girls to get abortions without their parent's consent.

A little background:

Quote:



A minor seeking an abortion without the consent of a parent or guardian may, under the 1989 Tennessee law, petition any Juvenile Court for permission.

The court can give its consent if the judge concludes the girl is "mature and well informed enough" to make the decision on her own or that the abortion is in her "best interests," according to the law.

If Juvenile Court denies or doesn't act on the petition within 48 hours, the case can be appealed to Circuit Court -- a so-called "bypass." But two circuit court judges have refused to hear any petitions for minor abortions on moral grounds:

Quote:



Judges John R. McCarroll and Donna Fields say they can't make the decisions because they are morally opposed to abortion.

"In the case of abortion, the child is always innocent, therefore, it is intrinsically evil to take the life of the unborn, whether a fetus or an embryo," McCarroll said in a written statement. "Taking the life of an innocent human being is contrary to the moral order."

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McCarroll said he has recused himself because he believes "it would put me into the process of assisting in the abortion. The result of the granting of the parental waiver would be the death of a child."

"The relevant fact surrounding recusal for me in a case involving a request for waiver of parental consent is my belief that one may not take the life of an innocent human being," he wrote.

Fields authorized McCarroll to say she has recused herself for the same reasons. Judge D'Army Bailey and Judge Rita Stotts from the same circuit court hold a different view:

Quote:



Stotts and Bailey have heard cases, citing a duty to do so under the judicial oaths. Stotts said most of the nine judges are handling the cases.

"My concern was that it might suggest to the public that the others who hear the cases don't have some kind of misgivings about it. I, for one, do have some concerns about it. I won't open up a political bag," Stotts said. "But I feel that I'm duty bound by virtue of my having taken the oath of office. It's one of those times in life where your professional calling may come head on with whatever your religious beliefs may be."


Mellowman
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