On Wednesday, abortion providers will ask the Fourth District Court of Appeal to affirm a trial court ruling blocking enforcement of Florida's unconstitutional biased counseling law, which denies abortion providers the right to determine what information is appropriate for their patients. In 2002, the trial court stuck down the so-called "Women's Right-to-Know Act" for violating Florida's strong right to privacy and for being unconstitutionally vague. Tomorrow's argument follows an appeal from the State.
"Under this unconstitutional, heartless law, doctors would be forced to discuss the option of carrying a pregnancy to term with a rape or incest survivor seeking an abortion," said Bebe Anderson, staff attorney for the Center for Reproductive Rights and co-counsel for Plaintiffs Presidential Women's Center and Dr. Michael Benjamin. "As the trial court correctly ruled, this law violates the doctor-patient relationship by requiring physicians to provide patients with information that may be inappropriate or even harmful," added Anderson.
Florida's biased counseling law has been enjoined since it was enacted in 1997. In 1998, the Fourth District Court of Appeal upheld the issuance of a temporary injunction that blocked the law's enforcement. On Wednesday, the Fourth District Court will review the trial court's decision to permanently prevent the law from taking effect. Lead appellate counsel Marshall Osofsky of Moyle, Flanigan, Katz, Raymond and Sheehan, P.A. will present argument on behalf of the Plaintiffs. The Center for Reproductive Rights is serving as co-counsel in the case – State v. Presidential Women’s Center.
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WHAT: Oral Arguments before the District Court of Appeal, Fourth District of Florida
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WHEN: Wednesday, September 17, 2003 at 9:00 a.m.
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WHERE: 1525 Palm Beach Lakes Blvd., West Palm Beach
