{"title":"天主教律师能代表未成年人绕过司法程序堕胎吗?道德与教会法分析","authors":"Larry D. Cunningham","doi":"10.2139/SSRN.711202","DOIUrl":null,"url":null,"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.","PeriodicalId":330578,"journal":{"name":"Journal of Catholic Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2005-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Can a Catholic Lawyer Represent a Minor Seeking a Judicial Bypass for an Abortion? A Moral and Canon Law Analysis\",\"authors\":\"Larry D. Cunningham\",\"doi\":\"10.2139/SSRN.711202\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":330578,\"journal\":{\"name\":\"Journal of Catholic Legal Studies\",\"volume\":\"12 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2005-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Catholic Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.711202\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Catholic Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.711202","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Can a Catholic Lawyer Represent a Minor Seeking a Judicial Bypass for an Abortion? A Moral and Canon Law Analysis
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.