Kansas Attorney General Phill Kline (R) on Friday testified in federal court in support of a 2003 opinion he issued that would require health care workers and counseling professionals to report sexual activity among minors ages 16 and younger, the Wichita Eagle reports (Sylvester, Wichita Eagle, 2/4). Kline's ruling, which is based on a 1982 state law, contradicts that of former Attorney General Bob Stephan (R), who said that although doctors are required to report suspected abuse of a minor, pregnancy does not necessarily constitute an injury. Kline's opinion also conflicts with the Kansas State Board of Healing Arts' interpretation of the state abuse-reporting law in licensing and regulating medical personnel. Under Kline's opinion, physicians who fail to comply could face misdemeanor charges carrying up to six months in jail and a fine of $1,000. Physicians also could face disciplinary action from the 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 girls from seeking medical attention. In July 2004, U.S. District Judge Thomas Marten issued a temporary injunction barring enforcement of Kline's legal opinion until there could be full arguments in the lawsuit. A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver on Jan. 27 voted to lift the injunction. Marten on Jan. 30 heard first-day arguments and testimony in the case, which is not a jury trial (Kaiser Daily Women's Health Policy Report, 2/2).

Testimony
Kline on Friday testified that the lawsuit interprets the opinion too broadly and that his ruling only is meant to identify illegal sexual behavior -- defined by Kline as conduct "so clearly offensive as to shock the moral conscience of a reasonable person." When asked under cross-examination which acts would be considered legal, Kline said, "It's difficult for me to say, maybe, kissing and petting." He added, "The rape of a child is abuse" (Wichita Eagle, 2/4). Kline told the court that public employees are required to report any injuries done to minors, adding, "Underage pregnancy is injury" (Riccardi, Los Angeles Times, 2/4). He also testified that his opinion is limited to obtaining records of abortion providers, the Eagle reports. The trial was scheduled to continue on Monday (Wichita Eagle, 2/4).

NPR's "Day to Day" on Thursday included an interview with Dahlia Lithwick, legal analyst for Slate, about the Kansas statute (Brand, "Day to Day," NPR, 2/2). The complete segment is available online in RealPlayer.