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Democrats filibuster over expansion of parental consent law

March 05, 2003
By: Melissa Maynard
State Capital Bureau

JEFFERSON CITY - During a 7-hour filibuster that included discussion of everything from preferred meditation techniques to noodling, of a handful of Democrats stalled the passage of a bill that would attempt to keep minors from fleeing to Illinois for abortions.

Noodling, like meditation, has little to do with abortion -- it's an illegal fishing technique in which fishermen catch fish with their bare hands.

Under current Missouri law, minors are required to get the consent of a parent, guardian or judge before getting an abortion.

This bill would make anyone who assists a minor in getting an abortion without parental consent civily liable.

This would mean that parents could sue anyone who drove their child to Illinois, where 400 Missourian minors travel each year to get around the statute, according to the St. Louis Post-Dispatch.

But opponents questioned the constitutionality of the bill, asserting that it places an "un-due burden" on those seeking abortions. The bill is one of a number of bills about abortion being considered by the legislature, where Republicans have recently gained the majority in both chambers.

Sen. Ken Jacob, D-Columbia, called the bill "fundamentally unconstitutional," claiming that it violates the right of Missourians to travel.

Jacob suggested that if the bill's sponsor, Sen. John Loudon, R-St. Louis County, doesn't like Illinois' current laws about abortion, he should move to Illinois and run for office there.

"In the spirit of bipartisan cooperation, I will even write him a contribution check," he said.

Jacob and other Democrats acknowledge that the bill will probably pass, but they claim it will be quickly overturned by courts, where similar statutes have been overturned.

"I think all they're getting here is a couple of days headlines and a lawsuit," Jacob said.

Loudon dismissed the Jacob's claims and affirmed the constitutionality of the bill, but he said he does expect courts to challenge the law.

Loudon said the state should not sit by and allow an average of one person a day to break its laws. Also, the bill would help preserve the "very sacred" relationship of parents to their children, he said.

"Thousands of years experience says parents and children need to work these things out," Loudon said. "And in those worst case scenarios we do have a judicial exception."

But Democrats said it is not the responsibility of the state to legislate appropriate relationship of parents and children.

Sen. Harold Caskey, D-Butler, attempted to drive that point home by jokingly proposing and amendment mandating that parents have "a healthy, communicative relationship with their children" as well as an amendment making it illegal for minors to have sex before getting consent from their parents.

"Sen, I think then we'll have resolved ourselves from all need of abortions," Caskey said.