The New Hampshire Supreme Court on Thursday ruled that a school guidance counselor should not have lost her job for helping a student obtain a judicial bypass to the state's parental notification requirements for minors seeking abortion care, the AP/ABC News reports.
Under a 2012 state law, minors are required to inform their parents before they can obtain abortion care. The law allows minors to seek a judicial exemption to the requirement.
Background on the case
In January 2013, Demetria McKaig, a guidance counselor at Farmington High School, obtained a restraining order on behalf of a pregnant student to prevent the school's principal from telling the student's parents about her pregnancy.
According to AP/ABC News, the student disclosed her pregnancy to McKaig and said she wanted an abortion. The student said she was concerned about her and her boyfriend's safety if her mother was informed of the pregnancy. McKaig told the student about the judicial bypass process. However, the principal said the school should notify the student's mother about the pregnancy.
McKaig then obtained the order restraining the principal from disclosing the pregnancy to the student's parents and helped the student file a petition for judicial bypass with the court, which ultimately granted her request.
In April 2013, Farmington High School denied McKaig's contract renewal, citing insubordination and breach of student confidentiality.
Ruling details
According to AP/ABC News, the state Supreme Court majority ruled that McKaig did not violate the school district's insubordination policy, noting that the principal did not order the counselor to stop assisting the student. In addition, the judges noted that the principal did not challenge the restraining order.
The majority in its opinion said that McKaig should be reinstated at the school.
In a dissenting opinion, Justice Robert Lynn said the principal was not barred by law from notifying the student's parents about the pregnancy because the notification law pertains only to abortion care (Ramer, AP/ABC News, 4/7).


