Can a Catholic Lawyer Represent a Minor Seeking a Judicial Bypass for an Abortion?

33 Pages Posted: 26 Apr 2005 Last revised: 19 Jul 2018

Date Written: April 1, 2005

Abstract

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

Cunningham, Larry, Can a Catholic Lawyer Represent a Minor Seeking a Judicial Bypass for an Abortion? (April 1, 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

Larry Cunningham (Contact Author)

Charleston School of Law ( email )

385 Meeting Street
Charleston, SC 29403
United States
843-377-2145 (Phone)

HOME PAGE: http://https://www.charlestonlaw.edu/teams/larry-cunningham/

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