UPDATE: Woman to leave Texas to get abortion after state Supreme Court blocks ruling

December 11, 2023 Catholic News Agency 1
A sign welcoming patients from East Texas is displayed in the waiting area of the Women’s Reproductive Clinic, which provides legal medication abortion services, in Santa Teresa, New Mexico, on June 15, 2022. / Credit: ROBYN BECK/AFP via Getty Images

Washington, D.C. Newsroom, Dec 11, 2023 / 18:15 pm (CNA).

A woman who sued Texas state officials so she could obtain an abortion has decided to get an abortion in a different state after the state Supreme Court blocked a lower court ruling that could have granted her an abortion.

“Kate [Cox’s] case has shown the world that abortion bans are dangerous for pregnant people and exceptions don’t work,” Nancy Northup, president of the Center for Reproductive Rights, which is representing her in the lawsuit, said in a statement.

“She desperately wanted to be able to get care where she lives and recover at home surrounded by family,” Northup said. “While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence.” 

The Texas Supreme Court intervened in the litigation on Dec. 8 after Travis County District Judge Maya Guerra Gamble issued a temporary order that would have restricted state officials from enforcing Texas abortion laws against hospitals and doctors who would have performed the abortion for the woman. 

Gamble’s Dec. 7 order came amid the preborn child’s diagnosis of trisomy 18. Only about 5%-10% of babies born with this condition will live past their first birthday. Her order also claims the woman’s doctor determined that she could suffer long-term health complications, such as future fertility problems, if she continued the pregnancy.

The Supreme Court’s intervention restored the state’s ability to enforce its laws but did not put an end to the litigation, noting that the ruling is “without regard to the merits” of the case and it allows the case to proceed. The pro-abortion group will continue the litigation “because the issues in this case are capable of repetition,” they said in a Dec. 11 court filing.

The litigation is scheduled for a hearing on Dec. 20 in the Travis County District Court. 

Texas Attorney General Ken Paxton has accused Gamble of being an “activist judge” and has argued that the ruling failed to show any “reasonable medical judgment and a life-threatening physical condition” and did not meet “the legal standard” for a permissible abortion under Texas law.

State law prohibits abortions in most circumstances, with an exception when the life of the mother is at risk or she could face serious problems with her physical health.

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Supreme Courts in three states set to hear abortion case arguments

December 11, 2023 Catholic News Agency 1
The Celebrate Life Day rally was organized to commemorate the first anniversary of the Dobbs v. Jackson Women’s Health Supreme Court decision. / Anna Rose Layden/Getty Images

Washington, D.C. Newsroom, Dec 11, 2023 / 07:00 am (CNA).

This week state Supreme Courts in Arizona, Wyoming, and New Mexico will hear oral arguments for litigation related to the states’ abortion laws. In all three cases, the pro-life side will be argued by lawyers at the conservative Alliance Defending Freedom. 

Arizona: Defending life from the moment of conception

The Arizona Supreme Court will hear oral arguments Tuesday, Dec. 12, on whether prosecutors can enforce the state’s pre-Roe v. Wade abortion laws, which prohibited most abortions at the moment of conception.

Arizona’s prohibition was declared unconstitutional shortly after the U.S. Supreme Court’s Roe v. Wade ruling, which legalized abortion nationwide. Despite the law being unenforceable for about 50 years, the state Legislature never repealed the law and the prohibition is still technically written into the state code.

Following the U.S. Supreme Court overturning Roe v. Wade in 2022, then-Attorney General Mark Brnovich requested that the 50-year-old injunction that blocked the enforcement of the law be lifted.

The law in question prohibits both chemical and surgical abortions in every case, except when it is necessary to save the life of the mother. There are no criminal penalties on the books for the mother who procures an abortion, but anyone who “provides, supplies, or administers” drugs or other substances, or “employs any instrument or other means whatever, with the intent thereby to procure the miscarriage” is subject to a prison sentence between two and five years.

Following the Supreme Court overturning Roe v. Wade, the Arizona Legislature passed a bill to prohibit abortion after 15 weeks of pregnancy. This is the threshold that is currently enforced in Arizona.

Wyoming: Lawmakers try to defend state’s pro-life laws

The Wyoming Supreme Court will hear oral arguments Tuesday, Dec. 12, on whether two state lawmakers and a pro-life organization have standing to intervene in a lawsuit about the state’s pro-life laws, which are currently held up in the court system. 

State Reps. Rachel Rodriguez-Williams and Chip Neiman, along with Right to Life of Wyoming, are appealing a trial court decision that blocked them from intervening in a lawsuit that challenges the Life Is a Human Right Act, which prohibits chemical and surgical abortions in most circumstances. 

A district court judge blocked the enforcement of the law in March of this year.

The lawmakers and the pro-life organization argue that they have standing to defend the state law because they “have abiding interests in protecting women and unborn children.”

Abortion is currently legal up to the point of viability in Wyoming. 

New Mexico: County asks court not to recognize a constitutional right to abortion

The New Mexico Supreme Court will hear oral arguments Wednesday, Dec. 13, on whether the state constitution protects a right to abortion after state Attorney General Raúl Torrez petitioned the court to strike down local pro-life ordinances in a handful of cities and counties. 

In his petition, Torrez asked the court to find a constitutional right to abortion within the New Mexico Constitution and declare the ordinances unconstitutional. There is no explicit right to “abortion” mentioned anywhere in the state constitution, but the attorney general claimed that abortion rights are implied in several sections of the state constitution. 

Roosevelt County is asking the Wyoming Supreme Court to find that there is not a constitutional right to abortion. The county is asking the court to allow its ordinance, which bans the shipment of abortion materials by mail, to remain in effect.

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Hearing the Pope’s Confession: Vatican Confessor Reflects on Sacrament

December 10, 2023 Catholic News Agency 1
Pope Francis confessing in St. Peter’s Basilica. / L’Osservatore Romano

CNA Newsroom, Dec 10, 2023 / 11:15 am (CNA).

A 91-year-old Franciscan has spoken about his time as confessor to Pope Francis and stressed the enduring and essential role of the sacrament of reconciliation.

Brother Otmar Egloff served for several years as chief confessor at the Lateran — the storied cathedral of the bishop of Rome — according to CNA Deutsch, CNA’s German-language partner agency.

He recalled being asked to move from his native Switzerland to serve at the basilica in 2004, towards the end of Pope John Paul II’s pontificate. “It was probably my talent for languages that was decisive, as I speak Italian, German and French,” the priest said in an interview published Dec 7. 

The friar recalled being told, “tomorrow the pope is coming for confession!” — but that the experience was not so different from hearing confessions from other Catholics.  

“The only difference was that my confessional was cleaned very thoroughly beforehand,” the Franciscan said. 

“When you come to the confessional in the morning and see a whole team cleaning and scrubbing your confessional, that’s really something else. I used to go and dust it myself with a cloth.”

Brother Otmar said, “it was also special that Pope Francis confessed kneeling in public and used my confessional afterwards to hear confessions from other priests.”

Penance for the Pope

Upholding both the sacred seal of confession and his sense of humour, when asked by the Swiss interviewer what penance Pope Francis would receive from him today, the Franciscan answered with a laugh: “Today, I would give the pope a different penance. A penance of the tongue. His tongue is sometimes too quick.”

Asked by the Swiss journalist where priests live when appointed a confessor at the Lateran, the priest replied: “Above the roof of the church are the apartments of the eight Franciscan friars who sit in the eight confessionals during the day.” 

Brother Otmar added Franciscans from all over the world had always been assigned to this service in the Lateran, “that has always been the case and will remain so.”

Celibacy and Vocation

From his long experience as a confessor, Brother Otmar stressed that the sacrament “remains important”.

Noting “a decline of the practice in German-speaking countries,” the Swiss religious added: “This is a human need and gives you the chance of a real new beginning. Your conscience shows you what was wrong. God forgives.”

Pope Francis, who has encouraged Catholics to go to confession, recently reiterated his call on German Catholics to remember “the importance of prayer, penance, and adoration.”

In his interview, Brother Otmar also said that celibacy and abuse have nothing to do with each other: “It’s more because unsuitable candidates were accepted due to a shortage of priests. Paedophilia is a serious disorder and an atrocity.”

Asked whether you can already know in your mid-20s whether you can spend your whole life celibate, the Franciscan said: “You do know. You know whether you’ve had relationships, whether you long for a partnership or not. You have to deal with these issues. That was probably not discussed enough [in the past]. For me, it was always important to help the respective priests and candidates to the priesthood — and, if necessary, to advise them against it.”

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