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Full-Text Articles in Law
Staying Open: How Restricting Venue In Texas's Judicial Bypass Cases Would Hurt Minors And Violate The Constitution., Shelia Cheaney, Laura Smith
Staying Open: How Restricting Venue In Texas's Judicial Bypass Cases Would Hurt Minors And Violate The Constitution., Shelia Cheaney, Laura Smith
The Scholar: St. Mary's Law Review on Race and Social Justice
The open venue provision is necessary to protect a minor’s constitutional right to have an abortion. Under the open venue provision, a minor may petition from any county in Texas for a judicial bypass to keep her abortion private. Proposed legislation, such as Texas House Bill 1212, threatens that right by restricting a minor from obtaining a judicial bypass only from the county of her residence. In Planned Parenthood of Central Missouri v. Danforth, the United States Supreme Court held it was constitutional for states to require a minor to obtain parental consent in order to obtain an abortion. Bellotti …
Overcorrecting The Purported Problem Of Taking Child Brides In Polygamist Marriages: The Texas Legislature Unconstitutionally Voids All Marriages By Texans Younger Than Sixteen And Criminalizes Parental Consent., Rosanne Piatt
St. Mary's Law Journal
In the 79th Regular Legislative Session, Texas lawmakers amended and added numerous provisions to both the Texas Family Code and Texas Penal Code relating to the status of marriage. One change was the inclusion in the Family Code of a section voiding a marriage if either party is younger than sixteen years of age. Additionally, legislators included criminal penalties to other laws relating to marriage. Specifically, parents are prohibited from giving consent to the marriages of parties under sixteen, but parents also face third-degree felony charges if they give consent. The legislature voided certain underage marriages in Texas due to …