A federal judge upheld health care privacy and common sense in overruling Kansas Attorney General Phill Kline’s opinion seeking mandatory reporting of most sexual activity in youths under age 16.
District Court Judge J. Thomas Marten pointed out that both sides agree on mandatory reporting of cases involving incest, sexual abuse of a child by an adult and sex involving a child under age 12. The issue was whether health providers must report “consensual underage sexual activity” — and Marten sided with providers who argued that state law gives them the discretion to decide whether an injury has occurred.
Kline plans to appeal, but it’s doubtful he’ll have better luck — his opinion simply went too far.
Posted by Randy Scholfield
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15 Comments
Is it just me or did the AG’s office just put out some of the finest double speak at a time when the competition for best double speak is fierce? According to the Eagle’s report, the AG’s office is claiming a victory because the statute was not declared unconstitutional, but is also appealing the ruling to the 10th circuit. Why would you appeal a decision you are saying you “won”?
I think the judge was correct – doctors should report instances of abuse (making the statute constitutional), but all sexual activity under 16 does not by itself constitute abuse (making Kline’s interpretation not a proper reading of the law).
More Kansas taxpayers dollars going down the prurient toilet by this fine AG. Keep flushing, Kline, you might find that it will backup eventually and run you out of office.
Kline is a Kansas kind of guy.
It’s gotta be something in the water.
J M Walker,
Elegant. And appropriate.
I love watching Kline get his ass handed to him time and time again. I’d love it more if I weren’t the one paying for it.
Great, now can we get to the real question that Kline has succeeded in ducking, by launching this ridiculous fishing expedition?
Kline initially sought to link late abortion with child rape. According to Kline, teens having late abortions were victims of rape, and therefore abortion providers should be penalized for not somehow reporting evidence of child rape.
Meanwhile, Kline adopted a set of blinders unrivalled in legal history. While there are a certain number of teen abortions every year in the state of Kansas, the number of teens who carry their babies to term FAR outnumber those who choose to abort, at any stage of their pregnancy. Therefore it stands to reason that hospitals delivering those babies are in an excellent position to document pregnant teens, and run paternity tests to show conclusive evidence of rape. Yet Kline has never sought such cooperation from maternity wards or clinics. None of the proposed tests performed on girls who abort would have provided identification of the father.
From the beginning, Kline has had one goal. To make abortion services in the state of Kansas as unavailable as possible. He and his cohorts have thus far succeeded in dramatic fashion. Unfortunately for him he has overreached, not by seeking records, but for drumming up diversionary tactics at taxpayer expense, all to avoid the simple question of why he wasn’t seeking medical records of teens carrying their pregnancies to term. He will probably go to his grave never having to honestly address that question.
Allie, I believe we have the blue ribbon winner for double speak!! Kline put so much spin on that decision that after reading the article I got dizzy. I’ll give mad props for creativity and style, but I doubt I’ll give him my vote.
No Clue-Kline strikes again!! This guy is definately bewildered by his environment.
He and the rightwingnuts who elected him knew exactly what he was going to try to do – close down George Tiller – with every legal tactic they could come up with. At least, so far, we haven’t gone as far as the South Dakota dingbats.Yet.
It is 10:30 and no kline defenders here?
On second thought, Kline is good enough to be in Alfred E. Bush’s cabinet somewhere- maybe the broom closet? Under the Limo? Who knows- this guy has a lot or possibilities.
kfg – you have to admit that peeking into the back seats of cars parked on Lovers Lane is a whole lot more fun than doing something like addressing violence in schools!
Yeah Ben, and the wingnut base loves it!
That is why I cant believe it is now almost ELEVEN thirty and still no kline defenders here.
As I’ve said before, maybe even they realize the impact Phil might have on their own children and grandchildren. Yeah, they may be wingnuts, but they’re not (all) stupid.
heheh git.
That reminds me of what someone else said about kansans wanting three exceptions to an all out ban on abortion.
Rape, incest, and MY DAUGHTER!!