The 10th U.S. Circuit Court of Appeals in Denver on Tuesday dismissed an appeal challenging a federal court judge's ruling against broadening the application of a state law that would have required health care workers and counseling professionals to report sexual activity among minors ages 16 and younger, the AP/Hays Daily News reports (Hegeman, AP/Hays Daily News, 9/18).
Under an opinion of the law issued in 2003 by then Kansas Attorney General Phill Kline (R), physicians who failed to comply could have faced misdemeanor charges carrying up to six months in jail and a fine of $1,000. Physicians also could have faced disciplinary action from the Kansas State Board of Healing Arts. The Center for Reproductive Rights filed a suit against Kline's opinion on behalf of medical and counseling professionals in the state, saying that the requirement could prevent some teens from seeking medical attention.
U.S. District Judge Thomas Marten in April 2006 ruled against broadening the application, saying that it would have discouraged minors from seeking counseling and medical care, and would have caused unnecessary work for state authorities. Kline and Sedgwick County District Attorney Nola Foulston filed separate challenges to Marten's ruling with the 10th Circuit Court (Kaiser Daily Women's Health Policy Report, 5/18/06). CRR and the office of state Attorney General Paul Morrison (D) filed a motion for the appeal to be dismissed.
10th Circuit Court Ruling, Reaction
The court on Tuesday ruled that the case became moot because Kansas lawmakers retracted the law, replacing it with a new one that became effective Jan. 1, the AP/Daily News reports.
"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," Bonnie Scott Jones, an attorney for CRR, said, adding, "This ruling is a great victory for teenagers in Kansas." Ashley Anstaett, spokesperson for Morrison's office, said, "We're pleased that the court agreed with our office." According to the AP/Daily News, Kline was not available for comment (AP/Hays Daily News, 9/18).
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