Washington, DC —After more than a decade of litigation, a state court has ruled that Illinois’ parental notification law is constitutional.
Mailee Smith, Staff Counsel at Americans United for Life, observed, “This is a groundbreaking decision for minors in the state of Illinois. Never before has the health and welfare of minors in Illinois been protected from the harms of abortion, and until now parental rights have been trampled by Planned Parenthood and other abortion advocates in the state.”
The parental notification act, which requires either that a parent be notified 48 hours before a minor’s abortion or that the minor obtain a court waiver for the notice requirement, was passed in 1995, but was immediately challenged by abortion supporters. The law was enjoined until 2006, when the Supreme Court of Illinois promulgated rules guiding the judicial mechanism through which minors could get a court’s permission to avoid notifying their parents. In 2009, the Seventh Circuit upheld the act as constitutional, but the American Civil Liberties Union filed the current case in state court arguing that the law violated the state constitution.