Illinois Parental Notification Law Still in
Court Limbo;
Judge Hears Arguments in Connecticut
Assisted Suicide Case
Part Two of
Three
By Liz
Townsend
Although passed in 1995, Illinois's Parental
Notice of Abortion Act remains unenforced as
court challenges continue.
A
judge is currently considering whether to
remove a temporary restraining order he
placed on the law last November, according
to the Associated Press (AP).
The
act requires abortionists to notify minor
girls' parents 48 hours before abortions,
with exceptions for medical emergency and
abuse, and it includes a judicial bypass.
Enforcement was initially halted when it
took the Illinois Supreme Court 11 years to
issue procedures for the bypass, and when a
challenge by the American Civil Liberties
Union (ACLU) and an abortion clinic led to
an injunction against the law.
In
July 2009, a federal appeals court ordered
the law to go into effect, and the Illinois
Department of Financial and Professional
Regulation gave doctors 90 days for
implementation, the AP reported. But once
again the law's enforcement was delayed when
Cook County Judge Daniel Riley issued a
temporary restraining order November 4.
Riley
heard arguments March 15. The ACLU claimed
that the law would harm some girls, while
the state cited bypass procedures that would
protect these girls. "There's nothing wrong
with Illinois encouraging a law that parents
have involvement," said assistant Illinois
Attorney General Thomas Ioppolo, according
to the AP. "Courts have said that parents
have a right to be involved in the
decision."
Riley
is expected to issue his ruling March 29.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A Hartford Superior Court judge heard
arguments March 8 in a lawsuit that seeks to
legalize assisted suicide in Connecticut
without action by the legislature. The state
is asking Judge Julia Aurigemma to rule on a
motion to dismiss the lawsuit.
The
suit, filed by two doctors and the
pro-euthanasia group Compassion & Choices,
contends that the word "suicide" in the
state's manslaughter statute does not apply
to what they call "aid in dying," according
to the New London Day.
State attorneys argued that since the
legislature has failed to pass an assisted
suicide bill despite several proposals, the
court should not take it upon itself to
create a law, the Day reported. In addition,
as attorney Perry Zinn-Rowthorn stated at
the hearing, a court-issued euthanasia
ruling would not include any safeguards that
would be included in a legislature-passed
statute.
The
court should not decide "by advisory opinion
what the legislature has consistently
refused to do," Zinn-Rowthorn said,
according to the Day. "It would be
dangerous, from a public health policy
[standpoint], to issue this type of sweeping
public policy change by declaration."
A
ruling is expected within a few months, the
Day reported.
Part Three
Part One |