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Judge Does Not Block Alaska
Parental Notification Law But Makes Sizable Changes
By Dave Andrusko
In what appears to be a mixed
verdict, at best, Superior Court Judge John Suddock has rejected
Planned Parenthood of the Great Northwest’s request to enjoin
Alaska’s new parental notification law but only at the cost of
making sizeable changes in the law.
Judge Suddock’s decision came
down hours before the law was scheduled to take effect on
Tuesday.
Ballot Measure 2 was approved
with a 55% majority as part of an August primary. Under the law,
girls 17 and under must notify their parents of their decision
to abort.
However, she can avoid notifying
her parents if she appears before a judge or provides the
abortionist with a notarized statement about alleged parental
abuse signed by an adult relative or authorized official.
NRLC Director of State
Legislation Mary Spaulding Balch said the judge "apparently
removed all the enforcement mechanisms--- including a fine and
the chance to sue the abortionist for civil damages, --and the
law is more of a suggestion that a requirement."
Any bright spots? "The judge does
seem to see that having parents involved is good for the girl,"
Balch said.
As this blog entry is being
posted, the decision does not appear to be online. But according
to CBN News, Judge Suddock also made a change "aimed at making
it easier for physicians 'or their designee’ to notify parents,
legal guardians or custodians that a minor is seeking an
abortion." This could mean a phone call, as opposed to informing
them in writing.
As we reported yesterday, the
attorney for PPFA , Janet Crepps of the Center for Reproductive
Rights, told Suddock that "the law will violate the rights of
minors, singling out abortion as the only medical care related
to pregnancy that requires parental involvement," according to
the Associated Press. "It treats minors who seek abortions
differently from minors who seek pregnancy to term."
Speaking on behalf the state of
Alaska, Mary Lundquist told the court, "We think it's crucial
that the minor be well-informed before taking the step to
terminate the pregnancy and that the parents, they have a
constitutional right to parent their child and help them through
the decision-making process," the AP reported.
Kevin Clarkson, who represented
the sponsors of Ballot Measure 2, addressed in particular the
plaintiffs assertion that parental notification would mean a
delay in when the minor girl obtains an abortion.
In spite of securing sizable
changes in the law, PPFA said it would continue to challenge the
law in court.
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