Enforcement Of Illinois Parental Notification Law Blocked Again

Main Category: Abortion
Also Included In: Pediatrics / Children's Health;  Primary Care / General Practice
Article Date: 06 Nov 2009 - 4:00 PDT

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On Wednesday, Cook County Circuit Judge Daniel Riley granted the American Civil Liberties Union of Illinois' request for a temporary restraining order blocking enforcement of an Illinois parental notification law, just hours after the state medical disciplinary board voted to enforce the statute, the Chicago Tribune reports. The next hearing in the case is scheduled for Nov. 19.

The law would require abortion providers to notify the parents of minors seeking abortion or risk losing their medical licenses. Exceptions to the requirement can be made if the minor's life is in danger, if she declares in writing that she is a victim of abuse or if she obtains a waiver from a judge, who would have 48 hours to rule on the petition. ACLU of Illinois had argued that some courts, especially in rural places, were not prepared to handle the waiver process (Olkon, Chicago Tribune, 11/5). Riley said the law "demonstrated the distinct possibility of irreparable harm" (Rousseau, AP/Springfield State Journal-Register, 11/5).

"We are delighted," said Lorie Chaiten, an attorney and director of reproductive rights for ACLU of Illinois. She added, "Young women in this state would be abused, kicked out of their homes" if forced to reveal their situation to family members.

Illinois Assistant Attorney General Thomas Ioppolo argued before the court that the state was within its rights to enforce the law. "This is where a good parent, a loving parent, might have something to say," Ioppolo said, adding, "If that is not the case, that is what the bypass procedure is for" (Chicago Tribune, 11/5).

Wednesday's court action is the latest development in a more than 30-year debate over the law, the AP/Springfield State Journal-Register reports. The current version was approved in 1995 but not enforced because the state Supreme Court declined to spell out rules on how judges should handle appeals of the notification requirement -- as the law had instructed the court to do. Ultimately, the court issued those rules in 2006, but last year, a federal judge blocked enforcement of the law. In July, a federal appeals court lifted that injunction, and the state Department of Financial and Professional Regulation granted a 90-day grace period before the law would take effect. The state Medical Disciplinary Board voted not to extend the grace period on Wednesday, meaning that the law had officially but briefly taken effect that afternoon.

Planned Parenthood of Illinois has been providing parental notification since August, according to spokesperson Beth Kanter. Those who did not want their parents notified were referred to another provider who was using the grace period. Because of Wednesday's ruling, Planned Parenthood will no longer provide parental notification, Kanter said (AP/Springfield State Journal-Register, 11/5).

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