Wednesday morning, Washoe County Family Court Judge Egan Walker announced that abortion is off the table in the case of a 32 year old mentally disabled woman.
Elisa Walker, a 32-year-old mentally disabled woman, became the center of attention across the country as the issue of whether a court could intervene to force her to have an abortion and undergo sterilization against her wishes and the wishes of her legal guardians, her parents Bill and Amy Bauer.
Previously planned evidentiary hearings will be continued over the course of the next couple of weeks to provide information that will allow the court and Elisa’s guardians to support Elisa carrying the baby to term. These hearings will be closed to the public.
Melissa Clement, president of Nevada Right to Life, commented, “We are pleased that Elisa will be able to carry her baby to term and that the court recognized that childbirth is a natural process and is the generally accepted course of treatment for pregnancy.”
Elisa was adopted off the streets of Costa Rica by the Bauers twenty years ago. She suffers from the affects of fetal alcohol syndrome, epilepsy, and bipolar disorder.
When the court became aware of her pregnancy and the wishes of the Bauers, Judge Walker took the extraordinary step of appointing a guardian ad litem and a court appointed attorney for Elisa. The first hearing included testimony from two local obstetricians, one proposing that abortion and sterilization was the recommended course of treatment. The second maintained that otherwise healthy women with epilepsy and mental issues are treated successfully and most often carry their pregnancies to term.
The tone of the first hearing was distinctly adversarial. The questions from the county legal team seemed to assume that in such a case where the circumstances and players weren’t perfect and a perfect outcome couldn’t be guaranteed, the only possible rational choice would be to terminate the pregnancy and kill the baby.
The worldview represented by the Bauer’s attorney, Jason Guinasso, presented a calm and rational alternative. Namely that a physically healthy mother and a healthy baby can be supported throughout the pregnancy, even when the circumstances are not ideal, and that a number of qualified adoptive parents stand ready to raise this baby.
After the first hearing, as the media began to pick up this groundbreaking story and the public began to engage, a noticeable change in demeanor happened. The second hearing provided additional expert testimony that supported carrying the pregnancy to term.
Three days later, all parties involved gathered and informally discussed the issues involved and agreed that the most pressing issue must be dealt with first-the pregnancy. Judge Walker entered court on Tuesday and announced that termination was no longer an alternative and that all parties would continue to meet and discuss all of the additional issues surrounding the case.
While the Bauer’s decision has been upheld and the baby is safe, the situation points to the need for legislative and judicial scrutiny to protect vulnerable adults, adoptive parents and guardians across the country. The potential for a judge to overstep statutory boundaries and insert extra-familial forces into a family’s decision-making in healthcare decisions is of grave concern. Issues of the protection of life, healthcare rationing and violations of the fundamental right of religious liberty swirl about in this case. We continue to get letters and emails from concerned and vulnerable families.
A legal fund has been established to defray the costs for medical and professional expert testimony. For more information, visit nevadarighttolife.org.