Court dismisses appeal of decision on juvenile sex law / LJWorld.com

Archive for Wednesday, September 19, 2007

By Roxana Hegeman - Associated Press Writer

September 19, 2007

Wichita — An appeals court has dismissed an appeal of a federal judge's decision that health care providers and others are not required under Kansas law to report underage sex between consenting adolescents.

The 10th Circuit Court of Appeals in Denver ruled Tuesday that the case became moot because Kansas lawmakers repealed the state's sexual abuse reporting law and replaced it with a new one that became effective Jan. 1.

The appeal was filed by former Attorney General Phill Kline, after his office lost a challenge to his interpretation of the statute. Attorney General Paul Morrison joined in a motion filed by an abortion-rights advocacy group seeking the dismissal of Kline's appeal.

"This case is important because this effort by (then) Attorney General Kline posed a great threat to the health and well-being of teenagers in the state of Kansas. This ruling is a great victory for teenagers in Kansas," said Bonnie Scott Jones, an attorney for the New York-based Center for Reproductive Rights.

The group, joined by Morrison, sought the appeal's dismissal on the grounds the state's new reporting statute made it clear that professionals could exercise their judgment in deciding whether the sexual activity harmed the child.

"We're pleased that the court agreed with our office. Due to the Legislature's changes to the statute in question, the case was moot," said Ashley Anstaett, the spokeswoman for Morrison's office.

Kline, who is now the district attorney in Johnson County, did not return a phone call seeking comment.

At issue was Kline's interpretation of a 1982 Kansas reporting law on potential child abuse. He contended it required abortion clinics to tell authorities about consensual sex by underage youths. He later extended that to other health care professionals, teachers and others.

Kline had contended the law required mandatory reporting because sex is inherently harmful to underage children. In Kansas, the age of consent is 16.

The Center for Reproductive Rights, a New York abortion rights advocacy group, filed a lawsuit challenging the constitutionality of Kline's interpretation.

Kline filed his appeal after U.S. District Judge J. Thomas Marten sided with the advocacy group. In his ruling, Marten said a plain reading of the Kansas statute gives mandatory reporters discretion to determine whether to suspect a child has been injured as a result of sexual abuse.

Marten blocked enforcement of Kline's legal opinion, writing in his ruling that health care professionals must be able to work in confidence to appropriately treat young patients.

The Center for Reproductive rights hailed the appellate court's decision as the end of its four-year legal battle to protect adolescents' sexual privacy.

"Reporting suspected child abuse is one thing," Jones said. "But reporting all intimate conduct between adolescents simply drives a wedge between those young people and the professionals who are there to help them."