Ex-judge defends ordering an abortion for woman

BOSTON - A retired Massachusetts judge is defending her decision to order a mentally ill woman to have an abortion and be sterilized against her wishes.

Christina Harms is also criticizing Boston University for withdrawing a job offer after her ruling sparked controversy and was overturned by the state Appeals Court.

Harms, who retired last month, defended her ruling in a letter she sent Monday to other Massachusetts family court judges, saying she believed the schizophrenic woman would have chosen to have an abortion if she had been mentally competent. The letter was first reported by The Boston Globe.

"I believed then, as I do now, that she would elect to abort the pregnancy to protect her own well-being," Harms told The Boston Globe. "She would want to be healthy."

However, the Massachusetts Appeals Court said the woman, who has schizophrenia and bipolar disorder, had described herself as "very Catholic" and made it clear she did not want an abortion.

The Appeals Court reversed the order, saying no one had requested it and the judge "appears to have simply produced the requirement out of thin air." The judges sent the case back to the lower court.

Harms says BU withdrew a job offer soon after her ruling became public.

BU says Harms was not the appropriate candidate for a job that required interaction with students, alumni and the judiciary.

[haroldamaio]

CBS/AP) BOSTON - A retired Massachusetts judge is defending her decision to order a mentally ill woman to have an abortion and be sterilized against her wishes.


That is why we have other judges. Though our system may not be failsafe, it has some protections. Perhaps he has neither read Buck v Bell, nor its undoing by later researchers who exposed the research behind it as fraud.

He is a judge, beneath those black robes is a human being with the faults any human being can have.

[rainbowroosie]

"While I can respect the judge's reasoning, it sounds like she had zero legal basis for such a ruling."

Good post. Now she can live with the ramifications of HER choice...

[DocD--2008]

Its a shame her mother didn't do the world a favor and aborted her.

[Breeze583]

I couldn't agree with you more. She had no right to make such a decision.

[erpicferl]

The world needs more crazy people like a hole in the head.

THANK YOU JUDGE HARMS

[dbosley]

I belive that the Constitution of the United States does protect the rights of schizophrenic people as well as any other American. Perhaps they should go back and look for other places this judge may have overstepped her authotity...

[Lerianis4]

Agreed there. I know many mentally ill people who have children and are raising them just fine.

I also know some not mentally ill people who are horrible parents.

[dbosley]

I belive that the Constitution of the United States does protect the rights of schizophrenic people as well as any other American. Perhaps they should go back and look for other places this judge may have overstepped her authotity...

[diamruby]

All mentally ill people male & female should be sterilized. They are unfit to care for children. Children born to the mentally ill endure much suffering & also are more apt to be mentally ill. Mentally ill people are unable to make good decisions & therefore depend on others to make them. The Judge was right on. I once read a book where mentally ill parents "fried" their child in the frying pan!!!

[Lerianis4]

No, they shouldn't. I know many mentally ill people who are extremely good parents to their children, and I know people who would not fit into any of the DSMIV classifications of mental illness who are crappy parents.

[jimatmadison]

The judge's sense of what the woman would have wanted if she was competent or what she needed may both be right, but, as a pro-choicer, I believe she stepped over the line.

Tough case, but, when in doubt, err on the side of caution.

[nancy_naive]

which would have been aborting the child (who will care for it?) and sterilizing an incredibly ill woman.

[Lerianis4]

nancy, how would you like to be sterilized if YOU are declared mentally ill? Oh.... crickets? Of course.... conservatives are ALWAYS for sterilization of their favorite boogie men/women when it isn't them we are talking about.

[erpicferl]

as cold as it seems it is the reality in today's world. THERE ARE TOO MANY PEOPLE and schizophrenic people have no business having babies. the judge did the right thing.

[1pheasant1]

I'm saddened you feel you have the right to draw a line in the sand where government can decide who may or may not procreate.

[Lerianis4]

Agreed. 1pheasant. The fact is that NO ONE has the right to tell someone else that they cannot have children unless they are willing to allow other people to dictate that to THEM!

[sir_kris]

While I can respect the judge's reasoning, it sounds like she had zero legal basis for such a ruling. Nobody had requested that she have an abortion, according to the story.

The judge said that it was to protect the woman's "well-being." Does that mean that giving birth would have put the woman's life in jeopardy due to some complication? CBS, could you guys please elaborate on that in the article? It sounds like this is a very relevant point that should be included. I'm not sure it would change anything, but at least it would reduce the implications somewhat.

But assuming the only reason for forcing it was because the woman is mentally ill, I find the implications of that VERY disturbing. From a bioethical standpoint, instituting forced sterilizations of the mentally ill is unconscionable! It may even rise to the level of crimes against humanity if done on a larger scale.

Either way, I think withdrawing the job offer based on one questionable ruling is very petty on the part of Boston University. All other indications show that this woman is more than qualified and has a distinguished career to back it up. She made one bad ruling out of probably thousands. But there's no indication that corruption or any other form of misconduct was involved; she just made a bad call. Umpires do that all the time and they're still able to find jobs later in life.

[erpicferl]

i disagree. schizophrenia is hereditary. why would we want to have more people who are a burden to society in our already overburdened treatment system? the earth thanks the judge and my bank account thanks the judge.

[Lerianis4]

Wrong, erpicferl. Schizophrenia is NOT hereditary, anymore than depression and mania are.

Now, people who have a HISTORY of mental illness in their family (any mental illness) are more likely to be mentally ill themselves.
However, where do we draw the line? When one of out 10 of a generation is mentally ill? When 2 out of 2 generations are mentally ill?

The reality is that we shouldn't start this in the first place, it's going way too far down the slippery slope past anything that can stop us.