Because Freedom Can't Protect Itself

 Idaho’s Parental Consent Law Challenged in Court

FOR IMMEDIATE RELEASE                                            Friday, June 23, 2000

Today Planned Parenthood of Idaho and the American Civil Liberties Union of Idaho filed a lawsuit in federal court challenging the constitutionality of Idaho’s parental consent law and seeking both temporary and permanent injunction against its enforcement.  The law, signed by Governor Kempthorne in March, is due to go into effect on July 1^st.  Dr. Glen Weyhrich and Planned Parenthood of  Idaho are plaintiffs in the lawsuit.

“This action is about protecting the health, and the lives, of young women,” said Nicole Prehoda of Planned Parenthood of Idaho.   

“There are several provisions of Idaho’s parental consent law which pose an unconstitutional obstacle to a young woman’s right to access abortion,” said Jack Van Valkenburgh of the ACLU of Idaho.

Among the chief concerns with the law are:

·        a medical emergency provision that fails to protect women when their health is at risk

·        the requirement of “positive identification” that may prevent access to an abortion

·        an inadequate judicial bypass provision that risks a minor’s confidentiality

Plaintiffs are also concerned that young women who are the victims of physical abuse, rape or incest will be the least likely to be able to turn to their parents for consent to an abortion.  While nearly 95% of the Idaho teens seeking an abortion already involve their parents, the small percentage who don’t are likely to have the fewest family resources.  The law provides that young women may go to court to obtain consent for the abortion, however, plaintiffs are concerned that the judicial bypass is overly burdensome for these young women. 

Next week plaintiffs will request an expedited hearing on the complaint.