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CHICAGO,
IL - U.S. District Court Judge David Coar today rebuffed an effort by the
Illinois Attorney General's office to lift a 1996 injunction barring enforcement
of the Illinois Parental Notice Act, which restricts teenagers' access to
abortion. The American Civil Liberties Union of Illinois welcomed the
ruling.
The Attorney General's office argued in a January 19
filing that the Illinois Supreme Court had adopted rules to implement judicial
bypass of the parental notice requirement and that, therefore, it was
appropriate for the federal court to dissolve the decade-old injunction. Judge
Coar denied this request on the grounds that Illinois state courts are not
positioned to implement a bypass process, making the Attorney General's request
inappropriate.
"Judge Coar recognized that courts in
Illinois are not prepared with an expeditious and confidential process for a
judicial bypass of the mandatory parental notice," said Lorie A. Chaiten,
Director of the Reproductive Rights Project of the ACLU of Illinois.
"Without this confidential and expeditious process, the health and well-being of
young women in the State of Illinois could not be protected."
"We heard Judge Coar indicate today that he is not prepared to
rule on allowing enforcement of the mandatory parental notice law until the
courts across our state can ensure the process will protect the constitutional
rights of young women as well as their health and safety," added
Chaiten.
This concern is supported by medical experts
and research in this area. The American Academy of Pediatrics opposes
mandatory parental notification laws, because such laws are dangerous to the
health and lives of young women. The AAP is joined in its opposition by
every major medical organization, including the American Medical Association,
the Society for Adolescent Medicine, the American College of Obstetricians and
Gynecologists and the American Public Health
Association.
Documented evidence shows that the vast majority of
young women facing unwanted pregnancies consult with a parent, older sibling,
religious advisor or a close family friend for decision-making guidance.
When a young woman does not consult her parents, it is for good reason -
including, very often, fears of physical and emotional abuse, harm to other
family members and the prospect of being made homeless.
"We are
delighted with the court's ruling and committed to our advocacy to protect the
health and well-being of young women in our state," said Chaiten.