December 14, 2010

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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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