Chicago Tribune Examines Long Debate Over Illinois Law on Parental Notification for Abortion

November 9, 2009 — The Chicago Tribune on Sunday examined the "long and complicated" history of Illinois' more than 30-year debate over parental notification for minors seeking abortions. Most recently, a Cook County Circuit Court judge blocked enforcement of a 1995 law that was set to take effect last week. The American Civil Liberties Union has questioned whether the law violates state constitutional protections on privacy and gender equality.

Illinois' first attempt at parental involvement, a provision of the Illinois Abortion Law of 1975, would have required unmarried minors to obtain consent of one parent prior to an abortion, unless a doctor certified that the procedure was "necessary to preserve the life or health of the mother." Courts ruled the provision unconstitutional because the state lacked the authority to give "absolute veto power" to parents.

The state's Parental Consent of Abortion Act of 1977 would have required unmarried minors to obtain written consent of both parents prior to an abortion, unless the procedure "was necessary for the preservation of the life of the mother." If a parent refused consent, the minor could petition a court to bypass the decision, with notice sent to the parents. The law also included a 48-hour waiting period. Courts ruled the law was unconstitutional because it did not guarantee an expedited or confidential review of the bypass petition, the Tribune reports.

Under the Parental Notice of Abortion Act of 1983, both parents would have be notified at least 24 hours prior to a minor's abortion, with exceptions for medical emergencies or if minors petitioned the court for a bypass. Courts struck down the law, calling the waiting period unconstitutional and asserting that notice requirements did not assure minors' confidentiality.

The current debate involves the Parental Notice of Abortion Act of 1995, which requires notification of one parent at least 48 hours before a minor's abortion procedure. The law includes exemptions for medical emergencies and cases of neglect or physical or sexual abuse. Minors can petition the court for a judicial bypass, which must be ruled on within 48 hours.

A federal court issued a preliminary injunction barring enforcement of the law in 1995 because the Illinois Supreme Court had not created rules that would ensure a quick and confidential appeals process. In July 2009, a federal appeals court lifted the injunction. In August, a state regulatory department issued a 90-day grace period before the law would take effect, but last week, a circuit judge granted a temporary restraining order blocking enforcement of the law in response to the ACLU lawsuit. The next hearing in the case is scheduled for Nov. 19.

Colleen Connell, executive director of the American Civil Liberties Union of Illinois, said the court's decisions over the years have consistently upheld women's rights. "The courts have recognized universally that the fundamental right (to abortion) belongs to the woman, even if she is minor," Connell said.

Thomas Brejcha, president of the antiabortion-rights group the Thomas More Society, predicted that the law would eventually be restored. "The law is the law," Brejcha said, "regardless of the way people want to spin it" (Olkon, Chicago Tribune, 11/8).