KS Justices Hear Case Regarding Privilege of Abortion Clinic Records
by Mary Rettig
September 8, 2005
(AgapePress) - The Attorney General of Kansas says the state's Supreme Court is hearing arguments today in a matter that pits protection of children against privacy issues. The case is part of his effort to obtain medical records from abortion clinics for criminal investigations of child rape and illegal late-term abortions. According to Kansas A.G. Phil Klein, up to 75 girls under the age of 14 have abortions annually in his state. He maintains that those girls, under Kansas law, have been raped and that the abortion clinic records need to be handed over to help prosecute the rapists.
However, Klein says the abortionists claim releasing the records in any such case would be an invasion of the minor child's privacy. But that idea is "an extraordinary stretch and also a dangerous argument to put under our constitution," the state official insists, adding, "In no fashion does our constitution make abortion clinics safe haven for child predators."
However, the A.G. says his office has been hamstrung for more than a year because the Kansas Supreme Court has held up the case. Meanwhile, he notes, abortion clinics across the state have refused to comply with lower-court subpoenas and have, in effect, shielded criminal child predators from investigation and prosecution, all the while touting privacy as a primary concern.
Last week, photos posted on the pro-life group Operation Rescue's website showed two trucks from a shredding company parked outside one of the clinics operated by abortionist George Tiller, while employees brought out boxes of what appeared to be medical records. Klein believes abortionists like Tiller are holding onto -- and possibly destroying -- what could potentially be very useful evidence.
The state A.G. feels the abortion providers are uniquely arrogant in their defiance. He points out that, recently, in one of the most high-profile investigations with which his office was ever involved -- that is, the capture and conviction of the serial killer known as BTK -- he authorized the subpoena of medical records, and the medical facility complied.
But with Kansas abortion providers, Klein says this has not been the case. "Only abortion clinics hold themselves out as above the law and make the extraordinary argument that the constitution protects the privacy of the rapist," he contends.
Klein hopes the Kansas Supreme Court can be convinced to place the need to protect young girls from rapists and child predators ahead of so-called privacy concerns that would, in effect, shield child predators and rapists. The court is scheduled to hear oral arguments from both sides in the case today.
Mary Rettig, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
