Court reinstates
Montana abortion law
By Laurie Asseo
Associated Press Writer
WASHINGTON (AP) - The Supreme Court today reinstated a Montana law that
requires unmarried girls to notify a parent or get a judge's approval before
undergoing an abortion.
The court ruled that the law is valid despite arguments by abortion rights
advocates that it does not let judges decide an abortion would be in a girl's
best interest. Montana's law says judges can approve an abortion without
notifying either parent if a girl shows that such notice is against her
best interest.
Today's unsigned decision noted that past rulings on parental-notification
laws assumed that a judicial finding that parental notice is not in a girl's
best interest is the same as finding that abortion without notification
is in her best interest.
The court's main opinion said the Montana law makes no distinction between
the two. In a concurring opinion, Justice John Paul Stevens said, ``It is
surely appropriate to assume that the Montana provision also requires the
court to authorize the minor's consent whenever the abortion is in her best
interests.'' Justices Ruth Bader Ginsburg and Stephen G. Breyer joined Stevens'
opinion.
Montana agreed in 1993 not to enforce its law requiring unmarried girls
under 18 to tell a parent before undergoing an abortion, because it did
not provide the option of going to court. Two years later, lawmakers enacted
a new law that let girls avoid telling a parent by getting a judge's permission
instead.
A judge could give permission if a girl was mature enough to decide whether
to have an abortion, if there was evidence that a parent abused her, or
if notifying a parent would not be in her best interest.
Eleven other states have parental-notification laws with similar judicial
bypass procedures. They are Arkansas, Delaware, Georgia, Illinois, Iowa,
Kansas, Minnesota, Nebraska, Nevada, Ohio and West Virginia. Some other
states require parental consent, most with a judicial bypass based on a
showing that an abortion would be in the girl's best interest.
A group of doctors challenged Montana's law in federal court. They argued
that it often would be easier to prove an abortion would be in a girl's
best interest than to show that telling a parent would be against her interest.
A federal judge ruled the law unconstitutional, and the 9th U.S. Circuit
Court of Appeals agreed.
The Supreme Court in 1989 upheld an Ohio parental-notification law that
required girls seeking a court order to prove parental notification would
not be in their interest. The decision treated that language as though it
were the same as a requirement to prove that the abortion itself was in
the minor's best interest.
In the appeal acted on today, Montana lawyers said the 9th Circuit court
should have followed court rulings that upheld similar laws in other states.
The case is Lambert vs. Wicklund, 96-858. |