On Tuesday we reported that the Illinois Department of Financial and Professional Regulation (IDFPR) would be considering whether to once again delay implementation of the Illinois parental notification law. For a short while on Wednesday, pro-lifers felt victorious: rather than further delay enforcement, as we expected, the IDFPR allowed the law to go into effect.
Unfortunately, the ACLU was able to convince a state court later Wednesday afternoon that the parental notification law is unconstitutional under the state constitution, despite the fact that abortion itself was still illegal in Illinois at the time the constitution was put into place.
So once again, minors in Illinois are left unprotected from the harms of abortion, and parents are left helpless and without knowledge when abortionists perform procedures on their daughters that carry substantial short-term and long-term physical and psychological risks.
But the ACLU’s claims, and the state court’s acceptance of their false claims to date, will be potentially disastrous to all women in Illinois – not just minors. What the ACLU is arguing is that any commonsense regulation of abortion is unconstitutional under the Illinois constitution.
Pro-abortion forces were unsuccessful this year in passing a state Freedom of Choice Act (FOCA) in Illinois. Had FOCA passed, it would have enshrined abortion on demand into Illinois law, making it nearly impossible to protect women through informed consent laws, parental notification laws, or abortion clinic regulations.
So the ACLU has apparently shifted its strategy. Rather than working through the legislature (where such decisions belong) the ACLU is using the court system in Illinois to block a law that the majority of Americans and Illinoisans desire.