Abortion law called legal - Madigan asks court for time before parental notification law is enforced
Abortion law called legal - Madigan asks court for time before parental notification law is enforced
By Michael Higgins and Judy Peres
Copyright © 2007, Chicago Tribune
Published January 20, 2007
Illinois Atty. Gen. Lisa Madigan said Friday that a long-dormant state law that prohibits minors from obtaining an abortion without notifying a parent is constitutional and should be enforced.
The General Assembly passed the notification law in 1995, but the American Civil Liberties Union of Illinois won a federal court order that has blocked it from taking effect for 12 years.
In court papers filed Friday, Madigan asked the federal court in Chicago to dissolve the long-standing court order and, in a statement, said she had little other choice.
"It is my duty to uphold the Constitution and to defend the laws of this state if they are constitutional," Madigan said in the statement. "At this point, 44 states have parental involvement laws, and courts have upheld many parental notice laws that are similar to the [Illinois] act."
In the court filing, Madigan agreed with abortion opponents who said that any constitutional defect in the law was cured in September when the Illinois Supreme Court issued key rules governing how minors can seek a waiver of the notification requirement in special circumstances.
Madigan didn't specify when the notification law should take effect. She asked the federal court to give the state's circuit courts time to train their staff to handle the new procedures.
On Friday, a local Planned Parenthood official called the notification law "dangerous to the teens of Illinois" and ACLU officials quickly promised to oppose Madigan in court.
"We think this is a sad day for the young women of Illinois," said Lorie Chaiten, director of the reproductive rights project for ACLU of Illinois. "This a harmful law. We're sorry to see that our attorney general opted to file this motion.... We will fight her, and hopefully, we'll win."
Supporters of parental notification applauded Madigan's decision and said they had little concern that the ACLU might succeed in blocking the law a second time.
"There's not a chance," DuPage County State's Atty. Joseph Birkett said. "The statute is constitutional and the rules are constitutional."
Waiver rules delayed law
The Parental Notice of Abortion Act requires that a physician tell a parent, grandparent or legal guardian at least two days before someone younger than 18 gets an abortion.
The law provides exceptions in certain cases, such as when a parent has sexually or physically abused a minor. The law also allows a judge to waive notice if the minor is sufficiently mature or if notification is not in the minor's best interests.
The General Assembly that passed the law in 1995 left it to the state Supreme Court to draft rules to govern how minors could seek a waiver from a judge and appeal an adverse ruling.
But the justices on the court at the time never drafted the rules. The ACLU of Illinois filed suit, citing the lack of necessary rules, and a federal judge issued a court order that blocked the law from taking effect.
The law was dormant for more than a decade. Then on Sept. 20, the state Supreme Court, with only one of seven members remaining from 1995, issued the long-missing rules.
Madigan's motion Friday reopened the federal court case, which will be assigned to a new judge, probably by next week, said Ann Spillane, Madigan's chief of staff.
In her motion Friday, Madigan argued that the state's circuit courts need time to prepare before the law takes effect. She asks the federal court to appoint Chicago attorney Zaldwaynaka Scott, a former state executive inspector general, as a special master to assist the state courts and report on their progress to the federal judge.
Spillane said Friday that the courts will need to draft forms and prepare to assist young women who likely will come to court without an attorney and with little previous experience in the justice system. "This is a unique type of legal procedure," Spillane said.
Birkett and officials at the Thomas More Society, a conservative legal advocacy group that supports the notification law, questioned whether the special master process would cause more delay.
llinois is the only state in the region without a parental involvement law. Abortion opponents say that has caused minors to come to Illinois from neighboring states to obtain abortions, skirting their local laws.
"Most kids that sneak off to have abortions--and there are an awful lot of them--would not want their parents to know," said Joe Scheidler, founder and national director of the Pro-Life Action League. "The supposition is, if the parents knew, they would prevent the abortion. ... When they start realizing this is their grandchild, they don't want the baby to be killed."
Critics say law will intimidate
Many abortion-rights activists oppose the notification requirement, saying it will intimidate some girls from seeking an abortion for fear of their parents' reaction.
Dr. David Zbaraz, the plaintiff in the original suit challenging the parental notice law, said he was "saddened" by Friday's development.
"I'm afraid it could have a chilling effect on the ability of a young person to terminate an unwanted pregnancy," said Zbaraz, an obstetrician who retired from practice last year. "How would a 15-year-old feel about asking a judge to change the law for her so she could obtain a termination? Wow, that's scary."
Steve Trombley, president of Planned Parenthood's Chicago-area office, said he supports a bill in the General Assembly that would allow another trusted adult to be notified when a teenager is pregnant and cannot talk to her parents.
"Parents rightfully want to be involved in their teenagers' lives," Trombley said. "But good family communication cannot be mandated by government and laws."
Birkett said Friday that he doubts whether any alternative notification law could pass the General Assembly. He argued that the 1995 law, signed into law by then-Gov. Jim Edgar, represents "the prevailing view of Illinois voters."
Spillane declined to comment Friday on whether Madigan agreed with the notification law as a matter of public policy.
"The attorney general's personal views are not relevant at this juncture given her legal obligation to defend the laws of the state," Spillane said.
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mjhiggins@tribune.com
By Michael Higgins and Judy Peres
Copyright © 2007, Chicago Tribune
Published January 20, 2007
Illinois Atty. Gen. Lisa Madigan said Friday that a long-dormant state law that prohibits minors from obtaining an abortion without notifying a parent is constitutional and should be enforced.
The General Assembly passed the notification law in 1995, but the American Civil Liberties Union of Illinois won a federal court order that has blocked it from taking effect for 12 years.
In court papers filed Friday, Madigan asked the federal court in Chicago to dissolve the long-standing court order and, in a statement, said she had little other choice.
"It is my duty to uphold the Constitution and to defend the laws of this state if they are constitutional," Madigan said in the statement. "At this point, 44 states have parental involvement laws, and courts have upheld many parental notice laws that are similar to the [Illinois] act."
In the court filing, Madigan agreed with abortion opponents who said that any constitutional defect in the law was cured in September when the Illinois Supreme Court issued key rules governing how minors can seek a waiver of the notification requirement in special circumstances.
Madigan didn't specify when the notification law should take effect. She asked the federal court to give the state's circuit courts time to train their staff to handle the new procedures.
On Friday, a local Planned Parenthood official called the notification law "dangerous to the teens of Illinois" and ACLU officials quickly promised to oppose Madigan in court.
"We think this is a sad day for the young women of Illinois," said Lorie Chaiten, director of the reproductive rights project for ACLU of Illinois. "This a harmful law. We're sorry to see that our attorney general opted to file this motion.... We will fight her, and hopefully, we'll win."
Supporters of parental notification applauded Madigan's decision and said they had little concern that the ACLU might succeed in blocking the law a second time.
"There's not a chance," DuPage County State's Atty. Joseph Birkett said. "The statute is constitutional and the rules are constitutional."
Waiver rules delayed law
The Parental Notice of Abortion Act requires that a physician tell a parent, grandparent or legal guardian at least two days before someone younger than 18 gets an abortion.
The law provides exceptions in certain cases, such as when a parent has sexually or physically abused a minor. The law also allows a judge to waive notice if the minor is sufficiently mature or if notification is not in the minor's best interests.
The General Assembly that passed the law in 1995 left it to the state Supreme Court to draft rules to govern how minors could seek a waiver from a judge and appeal an adverse ruling.
But the justices on the court at the time never drafted the rules. The ACLU of Illinois filed suit, citing the lack of necessary rules, and a federal judge issued a court order that blocked the law from taking effect.
The law was dormant for more than a decade. Then on Sept. 20, the state Supreme Court, with only one of seven members remaining from 1995, issued the long-missing rules.
Madigan's motion Friday reopened the federal court case, which will be assigned to a new judge, probably by next week, said Ann Spillane, Madigan's chief of staff.
In her motion Friday, Madigan argued that the state's circuit courts need time to prepare before the law takes effect. She asks the federal court to appoint Chicago attorney Zaldwaynaka Scott, a former state executive inspector general, as a special master to assist the state courts and report on their progress to the federal judge.
Spillane said Friday that the courts will need to draft forms and prepare to assist young women who likely will come to court without an attorney and with little previous experience in the justice system. "This is a unique type of legal procedure," Spillane said.
Birkett and officials at the Thomas More Society, a conservative legal advocacy group that supports the notification law, questioned whether the special master process would cause more delay.
llinois is the only state in the region without a parental involvement law. Abortion opponents say that has caused minors to come to Illinois from neighboring states to obtain abortions, skirting their local laws.
"Most kids that sneak off to have abortions--and there are an awful lot of them--would not want their parents to know," said Joe Scheidler, founder and national director of the Pro-Life Action League. "The supposition is, if the parents knew, they would prevent the abortion. ... When they start realizing this is their grandchild, they don't want the baby to be killed."
Critics say law will intimidate
Many abortion-rights activists oppose the notification requirement, saying it will intimidate some girls from seeking an abortion for fear of their parents' reaction.
Dr. David Zbaraz, the plaintiff in the original suit challenging the parental notice law, said he was "saddened" by Friday's development.
"I'm afraid it could have a chilling effect on the ability of a young person to terminate an unwanted pregnancy," said Zbaraz, an obstetrician who retired from practice last year. "How would a 15-year-old feel about asking a judge to change the law for her so she could obtain a termination? Wow, that's scary."
Steve Trombley, president of Planned Parenthood's Chicago-area office, said he supports a bill in the General Assembly that would allow another trusted adult to be notified when a teenager is pregnant and cannot talk to her parents.
"Parents rightfully want to be involved in their teenagers' lives," Trombley said. "But good family communication cannot be mandated by government and laws."
Birkett said Friday that he doubts whether any alternative notification law could pass the General Assembly. He argued that the 1995 law, signed into law by then-Gov. Jim Edgar, represents "the prevailing view of Illinois voters."
Spillane declined to comment Friday on whether Madigan agreed with the notification law as a matter of public policy.
"The attorney general's personal views are not relevant at this juncture given her legal obligation to defend the laws of the state," Spillane said.
----------
mjhiggins@tribune.com
posted by Carlos T Mock at 10:13 AM
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