SWEET VICTORY FOR NEW JERSEY PRO-LIFERS

By Mary Spaulding Balch, J.D., Director, Department of State Legislation

Eleven years of patience and persistence paid off June 28 when pro-abortion New Jersey Governor Christie Todd Whitman signed a parental notification law.

The law, passed by comfortable margins in both houses, protects a parent's right to be notified at least 48 hours before an abortionist performs an abortion on a minor daughter under 18.

New Jersey's law was carefully crafted to withstand an expected court challenge by the American Civil Liberties Union (ACLU). For example, the law contains a "judicial bypass."

To meet constitutional muster, the U.S. Supreme Court has made it clear that a parental notification law must contain an alternative procedure.

The "bypass" allows the girl to go before a judge to waive parental notification if the girl is deemed to be a victim of physical abuse by the parent, is mature enough to make the decision herself, or if the judge decides notification is not in the girl's "best interest."

Whitman, widely expected to run for the U.S. Senate in 2000, quietly signed the legislation on June 28. Whitman is known for her 1997 veto of a law banning partial-birth abortion (which was overridden by the legislature) and her strong pro-abortion stance.

She began to signal her support for the parental involvement law when it became obvious that the bill had the support of a veto-proof majorities in both houses. The measure had passed the state Senate June 25 on a vote of 30-8. The same day the Assembly approved the law on a vote of 59-17. The governor was also keenly aware that opinion polls in New Jersey and every other state indicate overwhelming support for parental involvement laws protecting a parent's right to be notified prior to an abortion being performed on a minor girl.

Texas and Florida passed similar parental involvement legislation last month. Several studies have shown that abortion rates among teens go down in states which have parental involvement laws enforced. Given the size of these states the life-affirming impact should be very significant.

On June 18, in action taken just before it recessed for the summer, the Michigan legislature sent Gov. John Engler a bill banning partial-birth abortion. The bill, called the "Infant Protection Act," makes it illegal for an abortionist to perform a procedure that "kills" a "live infant" partly outside her mother's body.

"Live" is defined as a fetus with a detectable heartbeat, spontaneous movement, or spontaneous breathing.

Doctors found guilty of performing a partial-birth abortion could be imprisoned for life or fined up to $50,000. Engler is expected to sign the bill.

Michigan also had another victory in June. Michigan's 1993 informed consent law will finally go into effect.

In a settlement agreement with the state, abortion facilities agreed to give women written material about abortion at least 24 hours before the abortion is performed. The materials discuss the risks and complications of abortion and show detailed drawings of the development of the unborn child. (See story, page 23 for more details on Michigan's informed consent triumph.)