Lynch Signs Law Repealing New Hampshire Parental
Notification Law --
Part One of
Two
Editor's note. Please take time to read Part Two
and send any comments on either to
Daveandrusko@nrlc.org.
Just because you know something is coming doesn't
necessarily take much of the sting out of it. While I was at the
printer's Friday, New Hampshire Gov. John Lynch gave
pro-abortionists what they wanted in the Granite State. He
signed a bill repealing the state's 2003 parental notification
bill. It represents the first time a parental notification law
has been repealed.
Pro-abortion forces had HB 763, which made it all
the way up to the Supreme Court, in its cross-hairs from the
moment the Democrats assumed control of the legislature. Despite
the best efforts of organizations such as New Hampshire Citizens
for Life--NRLC's state affiliate--last month the
New Hampshire Senate voted to pass the
House-approved bill that repealed
HB 763.
Lynch's signature was a formality, since he had made his support
clear.
Under provisions of the
never-enforced
law, abortionists were required to notify by certified letter a
parent or guardian of a minor who is seeking an abortion at
least 48 hours before performing the abortion. Minor girls had
the judicial bypass option available--going to court and trying
to persuade a judge she was mature enough to make the decision
or that an abortion was "in her best interest."
There are 30 valid parental involvement laws in
effect. New Hampshire was one of the seven statutes not in
effect, because of court challenges. There are another seven
valid statues not in effect for other reasons.
Even with a Republican governor and
the legislature controlled by Republicans, passing the law in
2003 was little short of miraculous. (See
www.nrlc.org/news/2003/NRL06/nh.htm.)
In November 2003, hardly before the ink had
dried,
Planned Parenthood of Northern New England;
the
American Civil Liberties Union;
the
Concord Feminist Health Center;
the
Feminist Health Center of Portsmouth,
N.H.; and a locally based ob-gyn challenged the law as
unconstitutional.
After U.S. District Judge Joseph DiClerico and
the 1st U.S. Circuit Court of Appeals struck down the
law, New Hampshire Attorney General Kelly Ayotte appealed the
rulings to the U.S. Supreme Court which rendered its decision in
January 2006.
In the
much anticipated case of Ayotte v. Planned Parenthood of
Northern New England, the Court unanimously ruled that the
entire law did not need to be invalidated. The justices ordered
the lower courts to examine what the legislature's intent was
with regard to medical emergencies. (See
www.nrlc.org/news/2006/NRL02/HTML/NewHampshireLawPage1.html.)
In February Judge
DiClerico said he would continue to block
enforcement of the law, pending legislative consideration of a
measure to repeal the law.
If you have any questions or comments, please
write Dave Andrusko at
daveandrusko@nrlc.org.
Part Two
