March 22, 2017

House Committee Debates Abortion Bill's Constitutionality

Original story from   IPBS-RJC

Article origination IPBS-RJC
Legal experts and lawmakers can’t agree on the constitutionality of a proposal that would require parents be notified if their underage daughter goes to court to get consent for an abortion. Under current law, an underage girl must have parental consent to get an abortion. The girl can go to court to get that consent in lieu of a parent’s OK. Proposed legislation would require parents be notified of that judicial proceeding. Indiana University McKinney School of Law professor David Orentlic - IPBS-RJC

Legal experts and lawmakers can’t agree on the constitutionality of a proposal that would require parents be notified if their underage daughter goes to court to get consent for an abortion. Under current law, an underage girl must have parental consent to get an abortion. The girl can go to court to get that consent in lieu of a parent’s OK. Proposed legislation would require parents be notified of that judicial proceeding. Indiana University McKinney School of Law professor David Orentlic

IPBS-RJC

 

Legal experts and lawmakers can’t agree on the constitutionality of a proposal that would require parents be notified if their underage daughter goes to court to get consent for an abortion.

Under current law, an underage girl must have parental consent to get an abortion. The girl can go to court to get that consent in lieu of a parent’s OK. Proposed legislation would require parents be notified of that judicial proceeding.

Indiana University McKinney School of Law professor David Orentlicher says that flies in the face of numerous court rulings on parental consent laws.

“From the ’70s on, they haven’t deviated from this: four requirements. And one of the four requirements is that you have to maintain the confidentiality of the minor,” Orentlicher says.

Indiana Right to Life attorney Corinne Purvis says only one other state has approved similar parental notification language – and that law was struck down by a federal appeals court.

“But however also the Supreme Court has said that anonymity is not constitutionally critical,” Purvis says. “So my argument is that the Supreme Court hasn’t ruled on this yet and it’s still an unsettled issue.”

A House committee will vote on the bill next week.

Support independent journalism today. You rely on WFYI to stay informed, and we depend on you to make our work possible. Donate to power our nonprofit reporting today. Give now.

 

 

Related News

Attorneys For Holcomb, Rokita Square Off In Court Over Emergency Powers Lawsuit
Lawsuit Against Indiana Seeks To Keep Federal Unemployment Benefits Around
Solar Capacity Doubles In Indiana, More Big Projects Proposed