A fundamentalist Christian whose fetus is in danger of brain damage or death can refuse a Caesarean section, an appeals court ruled.
The county public guardian, Patrick Murphy, said he would appeal Wednesday to the Illinois Supreme Court. A spokesman for the state's attorney's office said he didn't know if the office would join the appeal.The Illinois Appellate Court on Tuesday upheld a lower court ruling that said the 22-year-old Chicago woman, identified as "Mrs. Doe" or "Mother Doe" in court papers, cannot be forced to undergo a C-section.
The woman, a born-again Pentecostal Christian, says God will protect her fetus through miracles, according to court records.
Her lawyers say nobody should force a medical procedure on a competent adult. Public defender Henry Hams said it was "absolutely Orwellian" that the state could try to make personal decisions for people.
"The court recognized, obviously, (the woman's) fundamental right to follow her own conscience," said Colleen Connell, an American Civil Liberties Union lawyer who represented the mother.
Doctors say the fetus, which at 37 weeks is one and a half weeks shy of full term, is being deprived of oxygen and will die or suffer severe brain damage unless it is surgically removed from the womb.
Last week, a juvenile court judge refused to order the woman to undergo the surgery. Murphy, who was named the fetus' guardian by the juvenile court judge, asked the state appellate court Monday to decide whether the fetus' interests prevail over the woman's rights.
Murphy urged the appeals court to issue a nonbinding order against the woman. Similar tactics have been tried with some success against Jehovah's Witnesses who have refused some types of medical treatment.
If the woman defied such an order and gave birth to a dead or retarded baby, she could be found in contempt of court, Murphy said.
Attorneys for the woman argued she would suffer pain and her life would be at risk from such major surgery.