ACLU Idaho Affiliates File Lawsuit Challenging State Law Requiring Parental Consent for Minors Seeking Abortion

Main Category: Abortion
Article Date: 23 Apr 2005 - 5:00 PDT

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Planned Parenthood of Idaho and the American Civil Liberties Union of Idaho on Monday filed a lawsuit in U.S. District Court challenging the constitutionality of a new Idaho law requiring parental consent for minors seeking abortion, the AP/Spokane Spokesman-Review reports (Boone, AP/Spokane Spokesman-Review, 4/19). The law (HB 351), which was signed on Thursday by Gov. Dirk Kempthorne (R), defines medical emergencies as conditions that "so complicat[e] the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function," as determined by a physician (Kaiser Daily Reproductive Health Report, 4/1). According to court papers, the groups say the new law "contains two provisions that are virtually identical to provisions this court already held were unconstitutional: a requirement that a physician notify a parent after a minor has an abortion in a medical emergency situation and a requirement that a report be made to law enforcement if a minor who seeks a waiver of the parental consent requirement has engaged in criminal activity -- which in Idaho includes all minors who engage in sexual activity" (AP/Spokane Spokesman-Review, 4/19).

Background
The new law was designed to bring state law on abortion parental consent in line with recent court decisions. The U.S. Supreme Court last month rejected an appeal aimed at reinstating an Idaho law that required minors seeking abortion to gain parental consent before undergoing the procedure. In July 2004, a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco declared the law unconstitutional, saying its exceptions for situations that threaten the life of a pregnant minor were too narrow. The court panel also ruled that the state provided no reasonable explanation for why medical emergency abortions should be limited to sudden and unexpected physical complications, especially when doctors are permitted to perform other procedures on minors outside of such situations (Kaiser Daily Reproductive Health Report, 4/1).

Comments
PPI Executive Director Rebecca Poedy said the new law is "dangerous" and could put teenagers at risk for homelessness and abuse by "disapproving parents," according to the AP/Spokesman-Review. She added that state legislators should focus more on preventing teen pregnancy. ACLU of Idaho legislative counsel Marty Durand said, "We believe this law is unconstitutional, just like its predecessor was." Planned Parenthood Federation of America attorney Helene Krasnoff said, "The Supreme Court has made clear that laws restricting teens' access to abortion must give teens the option of going to court to seek a confidential waiver," adding, "This law does not meet that requirement." However, state Rep. Bill Sali (R), who sponsored HB 351, said the law is not new because it contains only "technical corrections" to the previous law, adding, "The whole point behind making those corrections is to address the points that were brought up in court." He also said that the number of abortions among teenagers in Idaho has dropped by about 30% since the state enacted its first parental consent law in 2000, according to the AP/Spokesman-Review. Spokespeople for Kempthorne and Idaho Attorney General Lawrence Wasden (R) declined to comment, saying they had not yet reviewed the case, the AP/Spokesman-Review reports (AP/Spokane Spokesman-Review, 4/19).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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