ACLU Loses Again

Court: Parental Consent for Abortion Legal

COLUMBUS, Ohio (AP) - Ohio’s law requiring girls under age 18 to get a parent’s consent for an abortion is constitutional and may be enforced, a federal court ruled Thursday.

The law, signed seven years ago but put on hold by litigation, also requires a woman seeking an abortion to meet with a doctor at least 24 hours before having the procedure to get a description of the procedure, its risks and alternatives.

An exception in the law allows a minor to seek a judge’s permission to bypass the parental consent requirement.

The American Civil Liberties Union sued on behalf of Cincinnati Women’s Services a month before the 1998 law was to take effect. The case was argued this year in U.S. District Court in Cincinnati.

“Plaintiffs’ evidence does not demonstrate that H.B. 421 imposes undue burdens on the abortion right even when viewed in a highly deferential manner,” said the opinion by Judge Sandra Beckwith, though she said the law might prevent some women or girls from getting abortions.

The ACLU has not yet decided if it will appeal, attorney Carrie Davis said.

Most states have laws requiring either parental consent or notice. In Ohio, minors had already been required by state law to notify their parents but they had not been required to obtain a parent’s consent.

The federal court ruling means the new law is now in effect unless a higher court orders it suspended during an appeal, said Kim Norris, spokeswoman for Ohio Attorney General Jim Petro.

– Crossposted at MVRWC via Trackback