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* A parental notification of abortion law was passed in 1995, the last time Republicans had complete control of the Legislature and the governor’s office. But it wasn’t enforced because the Illinois Supreme Court refused to issue rules for appealing the notification requirement. The court issued the rules in 2006, but constitutional challenges quickly followed.
Anyway, the Supremes announced yesterday that they would try to resolve the issue…
Paul Linton, an attorney for the anti-abortion Thomas More Society, said federal courts have rejected challenges to the Illinois law, while the U.S. Supreme Court has held that states have a legitimate interest “in protecting pregnant minors and the rights of their parents to provide guidance and counsel in this very sensitive area.”
But Lorie Chaiten, director of the Reproductive Rights Project for the Illinois branch of the American Civil Liberties Union, said she’s confident the case will be sent back to lower courts for a complete review of “evidence demonstrating that the real-life harms this law imposes cannot be justified.”
The law would require doctors to notify the guardians of a girl 17 or younger before she has an abortion. There are exceptions for emergencies and cases of sexual abuse, and girls could bypass the notification requirement by going to a judge.
Opponents claim it violates the privacy, equal protection and gender-equality clauses of the Illinois Constitution.
* The Question: With limited exceptions, do you support parental notification of abortions? Take the poll and then explain your answer in comments, please. Thanks.
posted by Rich Miller
Thursday, Dec 1, 11 @ 10:19 am
Sorry, comments are closed at this time.
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No. Parental notification are a solution in search of a problem.
– MrJM
Comment by MrJM Thursday, Dec 1, 11 @ 10:26 am
My kids can’t get a filing from the dentist without our consent. Whats the reason for that? Because kids might make the wrong decisions. Obviously this is a far bigger decision. I understand that the kid has already made a big decision without the parents consent when they decided to have sex. But now matter how you look at it this is still a major medical procedure and a parent should be notified.
Comment by Been There Thursday, Dec 1, 11 @ 10:31 am
Yes. Any other health care service my minor child needs would require not just parental notification, but outright parental approval. Her school can’t even give her a Tylenol without parental consent.
Comment by cover Thursday, Dec 1, 11 @ 10:33 am
Considering the implications if my daughter takes an aspirin at school without authorization I don’t see how this procedure is special. Any other health care action requires my permission or permission by proxy.
Comment by OneMan Thursday, Dec 1, 11 @ 10:41 am
The reality is that many teens who are getting pregnant without their parents’ knowledge will figure out on their own how to try to abort without their parents’ consent. Never underestimate the secrets, drive, and creativity among teenage girls. Those who are close to their parents will probably tell them anyway.
We lived through this before safer medical procedures became available, and I personally knew of teenage deaths and serious injuries which occurred. We don’t need to relive that sorry history.
Comment by walkinfool Thursday, Dec 1, 11 @ 10:50 am
No, but I also think your teenagers should be able to take an aspirin without your permission also.
Comment by Cheryl44 Thursday, Dec 1, 11 @ 10:51 am
Yes, parents are responsible for their minor children. But there has to be the limited exceptions where a minor can go before a judge and show cause as to why there should not be notification.
Comment by wordslinger Thursday, Dec 1, 11 @ 10:52 am
Abrogating parental decision-making by allowing underage teenagers to give consent for abortion without parental notification should not be allowed across the board. I’m sure there can be some reasonable effort to protect a vulnerable teen who has reason to believe that her parents would react “violently” to learning she is pregnant. Informed consent is not something most persons under 18 y/o can understand let alone provide.
Comment by dupage dan Thursday, Dec 1, 11 @ 10:57 am
If you do not need parental permission to have an abortion, there should not be any parental notification. If there is going to be a law, it should be the right law. It should either require permission or maintain complete confidentiality. The current law attempts to do it both ways and that is just not fair to the young girls this applies to.
Comment by Cal Thursday, Dec 1, 11 @ 10:57 am
Yes, because, as described, it only applies to minors. “Minor” has a specific legal meaning and the parent / guardian is the one with the authority to represent the minor in legal actions. Almost every legal / medical decision for minors require approval by the parent / guardian.
Comment by Retired Non-Union Guy Thursday, Dec 1, 11 @ 10:57 am
As a father of three women and stepfather of one woman, I say absolutely.
I want to make sure my daughter is making the choice herself and not being pressured by someone else. I want to make sure she has looked at all angles. I want to make sure she knows, first hand, that I will support her in whatever choice she makes (including the choice of keeping the baby).
If she decides to have an abortion, I want to make sure she is receiving the best medical care, not the cheapest.
I want her to know that as a parent I understand how agonizing and difficult this choice is for her and that I am there for her.
The pro-abortion lobby always underestimates parents. Despite all evidence to the contrary, they assume that every parent is abusive and that every teenager is mature and responsible.
This law has ample protections for the rare cases where an exemption is needed. There are far greater risks to the health and safety of the minor by not informing the parents, than by informing them.
Comment by Father of Girls Thursday, Dec 1, 11 @ 10:59 am
Cheryl44, you should read up on Reyes Syndrome. It is a potentially fatal disease that results from teenagers taking aspirin. It used to be thought that only those under 12 y/o were vulnerable but that has turned out not to be the case. I believe that it is recommended that no one under the age of 20 y/o should take aspirin.
There is a reason that people under 18 y/o are not considered “competent”. There is a reason why parents exist. It is to provide a safe environment for their children and protect them, where possible, from harm. Schools know this and understand why legal drugs should not be dispensed to students w/out parental approval.
Comment by dupage dan Thursday, Dec 1, 11 @ 11:02 am
Much of what ails our society is a lack of responsibility. From irresponsible parents (who can’t even bother to get their kids to school for a FREE education and LUNCH), to irresponsible entitlement recipients (who prefer their recreational drug habit to actually getting a job)
Can we at least provide resources (in the form of partental notification) for those parents that want to act responsibly?
Comment by Downstate Thursday, Dec 1, 11 @ 11:03 am
As a father of 3 girls, I hope this ‘choice’ never needs to be made by any of them. However, I also realize that in fact this is a ‘choice’, and I support girls that are in unstable homes, abusive relatives, or other compromising situations to seek and receive these types of medical procedures w/out notifying a parent.
I see this as simply one more tool to be used by the far-right to further limit or erode a right to seek and have an abortion.
Furthermore, I no more support ’spousal-notification’ either. If a woman wants/needs an abortion it should be between HER and HER Doctor. No one else.
I suppose those that support this law would also support the right of a parent to compell their child to get an abortion as well, perhaps against the childs wishes? Because you can’t have it both ways.
Comment by How Ironic Thursday, Dec 1, 11 @ 11:20 am
Good grief a school nurse can’t give an aspirin without parental consent. Why in heavens name would anyone allow a surgical procedure without consent?
Comment by MeAgain Thursday, Dec 1, 11 @ 11:22 am
@MeAgain,
Tell that to the teenage daughter who is being sexually abused by her father, and is now pregnant. Now all she has to do is ask him ‘permission’ to abort the baby. Sounds reasonable.
Comment by How Ironic Thursday, Dec 1, 11 @ 11:28 am
If an adult who impregnates a minor takes her for an abortion, he sure dosen’t want her parents notified.
Comment by reformer Thursday, Dec 1, 11 @ 11:29 am
How Ironic and reformer,
I’m guessing reformer’s scenario happens a lot more often than How Ironic’s.
Comment by Downstate Thursday, Dec 1, 11 @ 11:34 am
I’ve always understood that one of the main arguements against parental notification is that in a significant number of cases, the young women have been raped by a father,step father or other male family member. That makes parental notification more than a bit problematic. I know there’s a provision to take it to a judge instead but that can be really hard on the girl too. It’s a tough call.
Comment by And I Approved This Message Thursday, Dec 1, 11 @ 11:36 am
Yes, of course, with limited, well-considered exceptions. The young girls are, after all, minor children. Should there be long-term medical complications from an abortion, it is the parents who generally would absorb the attendant responsibilities. Should be a no-brainer.
Comment by JustaJoe Thursday, Dec 1, 11 @ 11:38 am
The difference between a a teenage girl getting a filling at the dentist or a cast for a broken arm, is that in those cases, a teenage girl will not be afraid of turning to her parents for help. In the case of pregnancy, the fear of telling her parents may drive her to things from illegal abortion, running away, or even suicide. Moreover, no teenage girl should be forced to keep a baby simply because her parents say not to an abortion. However, I do support some sort of adult notification — whereas the girl, would have to discuss the issue and options with a counselor, aunt, religious leader, etc.
Comment by Just Observing Thursday, Dec 1, 11 @ 11:42 am
DuPage Dan, I did not know that. I knew about Reyes, but I did not realize it affected anyone over 12. I stand corrected about the aspirin thing.
Comment by Cheryl44 Thursday, Dec 1, 11 @ 11:46 am
Follow current law in relation to the provision of medical procedures without parental consent. Leave this matter between physician and patient, as in other medical procedures. Don’t set abortions outside the ordinary practice of medicine.
(410 ILCS 210/3) (from Ch. 111, par. 4503)
Sec. 3. (a) Where a hospital, a physician licensed to practice medicine or surgery, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes provision of services for minors, or a physician assistant who has been delegated authority to provide services for minors renders emergency treatment or first aid or a licensed dentist renders emergency dental treatment to a minor, consent of the minor’s parent or legal guardian need not be obtained if, in the sole opinion of the physician, advanced practice nurse, physician assistant, dentist, or hospital, the obtaining of consent is not reasonably feasible under the circumstances without adversely affecting the condition of such minor’s health.
Comment by ANAL Thursday, Dec 1, 11 @ 11:53 am
“If a woman wants/needs an abortion it should be between HER and HER Doctor. No one else.”
How Ironic, I just think it’s disrespectful in a relationship for a woman to just abort a child without even talking to her husband, boyfriend, f—-buddy, etc. It’s his child too, so not totally a decision between her and her doctor. Not saying we should legislate partner consent, just saying it’s disrespectful to the man.
Im sure you DO support requiring child support from men (as I do) when a woman DOES choose to have an unplanned child, but you can’t have it both ways. It’s not consistent and, ahem, ironic, that you want to cut men out of the decision-making process, but require them to pay child-support based a decision she makes alone.
Comment by Senator Clay Davis Thursday, Dec 1, 11 @ 11:56 am
This is one of those areas where a blanket “age of consent” doesn’t fit. We’re not talking about 11 year old children. We’re talking about young adults who in many cases will be legal adults before the childs 1st birthday. The fact is, most 17 year olds may not be emotionally mature enough to take the right precautions, but they are phsically mature enough to get pregnant and by and large are capable of making a decision to terminate if that’s what’s best for them. To have a 16 or 17 year old be forced to carry a child and all that comes with that life changing experiance becuase of the beliefs of her parents is not right. The decsion will affect that “minor” well into adulthood. It should be their choice to be made with their doctor and whoever else they choose to be in the room.
Comment by L.S. Thursday, Dec 1, 11 @ 12:03 pm
Once upon a time, I would have said, yes, absolutely. Then I grew up and realized that it’s not a perfect world, not all girls have parents like mine (supportive, looking out for my best interest, non-abusive, open minded). Many girls are on their own and need to be able to make this decision that would ultimately affect them more than anyone else (and you won’t convince me those girls are going to go in front of a judge to ask for permission). Now it’s the job of a responsible parent to create relationships with their children that provide them with the courage and confidence to come to you in good times and in bad knowing full well you will help them make decisions but that in this case it is ultimately theirs to make. That means letting your kids know from an early age there aren’t any topics that are off-limits!
Comment by me Thursday, Dec 1, 11 @ 12:07 pm
Umm, no I want the right to know beforehand, just like I would with any other non-emergency procedure.
Using your logic, my 10 year old should have the right when I take him to the doctor to have me leave the room and tell the doctor “I don’t want to get my tetnus booster after all and we don’t have to tell dad either”. Right, because obviously as a parent the only reason I want to know is because in my right wing un-enlightened way I want to prevent it from happening. Not because it is a serious medical procedure or I want to talk to her about it.
Also, remember this is a law passed by the legislature, a law that has never been enforced for a host of questionable reasons. You really comfortable with the fact that the court just avoided issuing rules related to it for 10 years.
What if it was an actual law that allowed abortions (assuming this would be pre roe-v-wade) you would be cool with the court sitting on it’s hands for a decade? Come on, that is the scary part of this, that is the part that should worry everyone one branch thwarting the actions of another by inaction.
If you don’t like the law, that’s fine, than change it. But good government is not based on the passive-aggressive actions of it’s courts.
Comment by OneMan Thursday, Dec 1, 11 @ 12:24 pm
@ OneMan
Again, I realize you ‘want to know’. But the fact is…you don’t have the right to either stop/force your daughter from carrying a child to term. Nor should you.
I’m sure you are a perfectly reasonable, nice person. But the sad fact is that there are a lot of girls that live in homes that are neither safe, nor nice, nor full of loving parents.
There are sexual predators who prey on their own daughters, or would just as soon beat them/kill them if they discovered they were pregnant.
I don’t like abortions, but I feel that this ‘law’ is just another impediment to the legal rights of woman to seek a medical procedure that frankly they have the right to seek.
Comment by How Ironic Thursday, Dec 1, 11 @ 12:31 pm
Abortion is a serious medical procedure and requiring consent should be no different than dental work, other surgeries, ear/body piercings, tattoos et.al.
There appear to be sufficient exemptions in order for the State to protect the minor from ‘bad’ parents.
Let’s not allow politics to get in the way of proper medical procedure requiring consent. In most case the law requires someone to be of age in order to give consent. Lets’ work on improving exemptions if the ones in the bill are insufficient.
Comment by Plutocrat03 Thursday, Dec 1, 11 @ 12:40 pm
A minor can’t get a tooth extracted without parental consent. While I consider myself Pro-Choice, even to the point of supporting public funding for abortions, I strongly believe in a parents right to supervise their minor children. should be
Comment by Louis Howe Thursday, Dec 1, 11 @ 12:46 pm
@How Ironic,
I guess I don’t understand why I should be denied that option because there are others who are problematic. Other states have this on the books and I have not heard of huge issues, have you?
So because of the less than 1% of what I suspect are all teen pregnancies due to a family member, I should be totally left in the dark?
There are exceptions to the law provided to deal with exactly what you are talking about.
I get the whole give a mm lose a Km argument, I hear it from gun folks all the time, but come on, these are in some cases, children, literally.
Comment by OneMan Thursday, Dec 1, 11 @ 12:48 pm
No, forcing a teen to report an unwanted pregnancy to parents who might harm or reject the teen isn’t helpful. Forcing a teen to face a judge before allowing termination of a pregnancy caused by rape or incest where the parent may force the teen to carry the child against her will isn’t helpful either. Bad law.
Comment by Wensicia Thursday, Dec 1, 11 @ 12:57 pm
No way
Parental notification laws only encourage females to make unsafe independent, dangerous health decisions without the assistance of a doctor or medical facility. If an underage female becomes pregnant and wants to terminate the pregnancy, but does not want to tell her parents, she’ll find a way to do it without the assistance of a medical professional.
I hope my daughter would discuss this type of decision with me, but if not, I’m confident in the child I raised. Ultimately, I don’t have any control over whether she is sexually active, and I think that if she is old enough to make a decision that could result in a pregnancy; she is also old enough to make the decision to terminate it.
Although I am legally responsible for her body until she is 18, she is the one whom has to live in her body for the rest of her life.
Comment by Liberal Lady Thursday, Dec 1, 11 @ 12:57 pm
Umm… a few of you missed the point that the parental consent would not apply in cases of sexual abuse. So address the question with that in mind please.
I like parental consent rules.
Thank God my kids are still young.
Comment by Jake From Elwood Thursday, Dec 1, 11 @ 1:03 pm
As father of three girls, absolutely not. 1) If the law has to tell me what my children are doing, I don’t deserve to know; 2) this is simply another obstruction placed upon a woman’s right to choose and take appropriate care of her body by those who oppose abortion; 3) I have greater faith in those health care providers who will provide abortion services to care for my daughter than I do in those who advocate notification will provide my daughter and her child…Generally, I do not see the advocacy for child services that I see for anti-abortion.
Comment by D.P. Gumby Thursday, Dec 1, 11 @ 1:07 pm
Parents whose daughters have a good relationship with them, will probably be rewarded by having said child take counsel from them. From what I understand, a great many of the teens who seek abortion do so with the encouragement of their mothers.
Parents who have not built such a relationship with their children, do not have the right to insist that the law be on their side.
How many pro-life people are going to just react to the information by not FORCING their daughter to bear the child by taking away her funds to pay for the procedure or some other means.
Ultimately, this law is problemmatic because the consequences of aborting/not aborting are going to stay with the teen well into adulthood.
Comment by cermak_rd Thursday, Dec 1, 11 @ 1:29 pm
“a few of you missed the point that the parental consent would not apply in cases of sexual abuse.”
And how is that going to be measured? Do charges need to be filed? If a teenager asks for an abortion and states that sexual abuse is involved, does an investigation have to be launched? If the above are “No”, then can sexual abuse be used as an excuse when there isn’t legitimate abuse? There’s a lot of issues there and they can be just as harmful as if there wasn’t an exception.
Comment by Timmeh Thursday, Dec 1, 11 @ 1:49 pm
So @liberalLady you think your daughter should have the right to refuse vaccinations on her own? Get a tattoo at 14? It’s her body and she has to live with it, right?
Comment by OneMan Thursday, Dec 1, 11 @ 1:58 pm
Parents do not own children; they are caretakers until the child reaches some arbitrary age of consent. And rights accorded to children based on age are arbitrary.
A girl needs to be 18 to get an abortion, unless she is married or already has a child. So are we to assume that a 15 year old girl who already has a baby is somehow more endowed with the maturity to make an abortion decision than a 17 year old girl who is pregnant for the first time? Really? Or is this a punitive action by adults aimed at minor girls to force them into having a baby to teach them some sort of lesson? But if she already has a child, society doesn’t want to assume the cost of government funds used for additional children when that lesson doesn’t exactly work out.
A girl only needs to be 12 to receive treatment for STD’s without parental consent.
A girl can obtain birth control from a doctor at any age without parental consent, but in order to purchase the morning after pill, she must be 17 years old. So we trust a 13 year old to obtain the pill but not a 16 year old to purchase basically the same sort of prophylactic because it’s cheap, easy, and sold over the counter.
Parents of minors can not force a minor of any age to have an abortion, but they can force a minor to have a baby. Show me the logic in that.
Since the age of consent is 16, does that mean a girl who becomes pregnant at 15 can claim rape and be exempted from parental notification, but 16 and 17 year olds can not?
If people are serious about decreasing the abortion rate, and the teen pregnancy rate, then the first thing they need to do is equip every school infirmary with free birth control.
If this issue is about the sovereign power of parents over their children, then teen pregnancy will continue on and lead to unwanted pregnancies or abortions, legal and safe, or illegal and dangerous.
Comment by Mom Thursday, Dec 1, 11 @ 4:19 pm
In mchenry county a predator did take his 14 year old victim to the county clinic for birth control. Too bad they didn’t need to notify.
And, as usual, where are the examples of all the horror stories from the states around IL that have a law like this?
Maybe since they don’t exist?
If the law is upheld, poor personal Pac will need to alter their mailers….
Comment by Pat Collins Thursday, Dec 1, 11 @ 5:46 pm
some parents are abusers, that is the worst fear that should allow the young woman to decide. but, basic standards as with older women, let the young woman decide herself. it is her body that must bear whatever challenge.
Comment by amalia Thursday, Dec 1, 11 @ 6:10 pm