State, County Officials Take Action On Abortion-Related Issues

Main Category: Abortion
Also Included In: Pediatrics / Children's Health;  Litigation / Medical Malpractice
Article Date: 18 Mar 2010 - 5:00 PDT

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The following summarizes recent action on abortion-related measures in three states.

~ Alaska: Superior Court Judge Frank Pfiffner on Tuesday ordered Alaska Lt. Gov. Craig Campbell to rewrite ballot language for a proposed initiative that would require parental notification before a minor can receive an abortion, although Pfiffner stopped short of removing the initiative from the ballot, the AP/Fairbanks Daily News-Miner reports (Bohrer, AP/Fairbanks Daily News-Miner, 3/17). The initiative would require that an abortion provider notify a parent at least 48 hours before the procedure, though it would not require parental consent. Currently, Alaska law does not restrict access to abortion based on age. Planned Parenthood of the Great Northwest and other opponents have said the initiative is misleading to the public. Pfiffer in his decision said Campbell's changes must make clear that the proposal would impose new restrictions on a minor’s ability to consent for abortion and that the previous law was struck down by the state Supreme Court as “unconstitutional because it didn't provide the least restrictive impact on a minor's right to privacy.” It must also be clear that a minor can obtain an abortion without parental involvement if permission is granted from a state court and that an abortion provider who fails to notify a parent could be charged with a felony. The initiative goes before voters on Aug. 24 (Holland, Anchorage Daily News, 3/17).

~ Illinois: Cook County Circuit Judge Daniel Riley said Monday that he will decide on March 29 whether to dismiss a lawsuit that has blocked enforcement of a 1995 parental involvement law, the Chicago Tribune reports. The law would require physicians to notify a parent or guardian before providing abortion care to women ages 17 years or younger. The Illinois medical disciplinary board in November 2009 decided the state should begin enforcing the law, but Riley granted a temporary restraining order requested by the American Civil Liberties Union of Illinois, which opposes the law (Casillas, Chicago Tribune, 3/15). ACLU claimed that the law would cause "significant and irreversible" harms for some girls. During a court hearing Monday, ACLU attorney Lorie Chaiten said that the law is "irrational" and discriminatory against teenagers who seek abortions rather than continuing their pregnancies (Tareen, AP/DeKalb Daily Chronicle, 3/15).

~ North Carolina: The Wake County Board of Commissioners on Monday agreed to restore insurance coverage for elective abortions under the county's employee health insurance, the Raleigh News & Observer reports. The board voted 4-3 along party lines to reinstate the policy, which was removed by county manager David Cooke in January. Cooke cited a 1981 state Supreme Court decision that he said could be interpreted as prohibiting counties from paying for elective abortions. Planned Parenthood and the American Civil Liberties Union of North Carolina argued against Cooke's decision at a board hearing on the matter. Sarah Preston, legislative director of the state's ACLU office, said that the choice to have an abortion is "a very difficult decision," adding, "Placing additional burdens on a woman already in a difficult situation will not help anyone" (Goldsmith, Raleigh News & Observer, 3/16).

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