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Abortion Notification Law Goes before Illinois Supreme Court
It's been a law in Illinois for 17 years now, but it's never been enforced.
The Abortion Notification Law requires parents or legal guardians to be notified two days before their minor daughter gets an abortion, but does not stop them from getting the abortion.
Despite being passed in 1995, legal challenges have kept it from being enforced. Today, our cameras were allowed inside as the Illinois Supreme Court heard arguments in the case.
In about one hour, both sides presented their arguments to the justices. Now, it could be several months before the Supreme Court issues an opinion.
The Illinois Abortion Notification Law has faced legal challenges since it became law in 1995. It has never been enforced. Some, like the ACLU, want to keep it that way. They told the judges at the Illinois Supreme Court the law violates privacy and is gender discrimination.
"There are some women, who because they are forced by state law to involve their parents, are beaten, are kicked out of their home, are forced to carry their pregnancy to term," ACLU lawyer Lorie Chaiten said.
Those for the law, like the Thomas Moore Society, say the right to abortion still exists under the Parental Notification Law, so it is constitutional. They point to parents or guardians having a better understanding of their minor's medical history, and say dozens of other states have this law or even a parental consent law on the books.
"We think it's outrageous that the parents of minors, especially younger minors, have no legal say in even knowing if their child is going to have an abortion," Paul Linton of the Thomas Moore Society said.
The ACLU told the judges they are not asking the state's high court to strike down the Abortion Notification Act. They want to go back to the circuit court to present more evidence and testimony, information they say wasn't around when this law passed in 1995.
"The interest in protecting minors is undermined by this statute, rather than advanced," Chaiten said.
Lawyers for the Attorney General say the plaintiffs have not offered enough evidence for this law to go back to the circuit court.
"The U.S. Supreme Court, as we point out in our brief over a series of pages, has time and time again used the word 'reasonable' when describing this kind of law," Solicitor General Michael Scodro said.
So while this debate centers around constitutionality and privacy on the inside, on the outside, it's an argument that centers around pro-life and pro-choice.
"It's still the minor's decision, but at least the parent should be notified," Linton said.
The ACLU said there are other medical procedures where minors don't have to tell parents. Supporters of the law point out minors are required to get consent from a parent or guardian for a piercing in Illinois.
Under the Abortion Notification Law, minors can bypass informing their parent or guardian about getting an abortion, but to do that, they need to get a waiver from a judge.
Abortion Notification Law Goes before Illinois Supreme Court
It's been a law in Illinois for 17 years now, but it's never been enforced.
The Abortion Notification Law requires parents or legal guardians to be notified two days before their minor daughter gets an abortion, but does not stop them from getting the abortion.
Despite being passed in 1995, legal challenges have kept it from being enforced. Today, our cameras were allowed inside as the Illinois Supreme Court heard arguments in the case.
In about one hour, both sides presented their arguments to the justices. Now, it could be several months before the Supreme Court issues an opinion.
The Illinois Abortion Notification Law has faced legal challenges since it became law in 1995. It has never been enforced. Some, like the ACLU, want to keep it that way. They told the judges at the Illinois Supreme Court the law violates privacy and is gender discrimination.
"There are some women, who because they are forced by state law to involve their parents, are beaten, are kicked out of their home, are forced to carry their pregnancy to term," ACLU lawyer Lorie Chaiten said.
Those for the law, like the Thomas Moore Society, say the right to abortion still exists under the Parental Notification Law, so it is constitutional. They point to parents or guardians having a better understanding of their minor's medical history, and say dozens of other states have this law or even a parental consent law on the books.
"We think it's outrageous that the parents of minors, especially younger minors, have no legal say in even knowing if their child is going to have an abortion," Paul Linton of the Thomas Moore Society said.
The ACLU told the judges they are not asking the state's high court to strike down the Abortion Notification Act. They want to go back to the circuit court to present more evidence and testimony, information they say wasn't around when this law passed in 1995.
"The interest in protecting minors is undermined by this statute, rather than advanced," Chaiten said.
Lawyers for the Attorney General say the plaintiffs have not offered enough evidence for this law to go back to the circuit court.
"The U.S. Supreme Court, as we point out in our brief over a series of pages, has time and time again used the word 'reasonable' when describing this kind of law," Solicitor General Michael Scodro said.
So while this debate centers around constitutionality and privacy on the inside, on the outside, it's an argument that centers around pro-life and pro-choice.
"It's still the minor's decision, but at least the parent should be notified," Linton said.
The ACLU said there are other medical procedures where minors don't have to tell parents. Supporters of the law point out minors are required to get consent from a parent or guardian for a piercing in Illinois.
Under the Abortion Notification Law, minors can bypass informing their parent or guardian about getting an abortion, but to do that, they need to get a waiver from a judge.
