Planned Parenthood and ACLU Ask Court to Block Idaho’s Third
Attempt at Restricting Teenagers’ Access to Abortion
April 18, 2005
BOISE, ID -- Planned Parenthood Federation of America and the
American Civil Liberties Union today asked a district court in Idaho
to block the state’s third attempt at enforcing a dangerous measure
restricting teenagers’ access to abortion.
FOR IMMEDIATE RELEASE
Contact: media@aclu.org
BOISE, ID -- Planned Parenthood Federation of
America and the American Civil Liberties Union today asked a
district court in Idaho to block the state’s third attempt at
enforcing a dangerous measure restricting teenagers’ access to
abortion.
"As with previous versions, this law fails to
protect the health and safety of the most vulnerable teens," said
Rebecca Poedy, President of Planned Parenthood of Idaho. "In
particular, the law jeopardizes teens in need of emergency
abortions, either delaying their care or deterring them from seeking
care in the first place."
The law in question prevents teens under 18
from having an abortion unless they receive the written consent of a
parent or a court waiver of that requirement. Although slightly
modified from earlier versions, the new law reenacts two provisions
previously declared unconstitutional by the court: It requires a
physician to notify a teen’s parents after performing an emergency
abortion, and it requires that every teen seeking a waiver be
reported to law enforcement.
"In blatant defiance of earlier court rulings,
the Idaho legislature adopted yet another dangerous, extreme, and
unconstitutional measure restricting teens’ access to abortion,"
said Marty Durand, Legislative Counsel for the ACLU of Idaho. "When
will the state stop this costly and reckless behavior?"
Just last month, the U.S. Supreme Court denied
Idaho’s request to review the U.S. Court of Appeals for the Ninth
Circuit’s ruling striking down an earlier version of the law because
it endangered teenagers’ health. The legislature responded by
immediately enacting a nearly identical measure, which Planned
Parenthood and the ACLU are challenging in court today.
"Like its predecessors, this law violates
teens’ confidentiality," said Helene Krasnoff, an attorney with
Planned Parenthood Federation of America. "The Supreme Court has
made clear that laws restricting teens’ access to abortion must give
teens the option of going to court to seek a confidential waiver.
This law does not meet that requirement."
Today’s case is Planned Parenthood of
Idaho v. Wasden, Case No. CV05-xxx. Lawyers on the case include
Krasnoff and Roger Evans of Planned Parenthood Federation of
America, Louise Melling and Chakshu Patel of the ACLU Reproductive
Freedom Project, and Alan Herzfeld for the ACLU of Idaho Foundation.
The ACLU and Planned Parenthood brief in the
case is available online at:
http://www.aclu.org/ReproductiveRights/ReproductiveRights.cfm?ID=18033&c=143.