Roundup: Catching Up With Alaska’s Parental Notification Battle

Robin Marty

RHRealityCheck's Pamela Meritt is on her way to Alaska to learn more about the attempt to pass a parental notification law in the state this November, so here's an amendment update.

Rewire’s Pamela Meritt is on her way to Alaska to learn more about the attempt to pass a parental notification law in the state this November, so it seems like a good time to get caught up on the latest in the battle over the amendment.

The Miami Herald offers the arguments both sides are using as they debate the ballot initiative:

“Parents have a right to know, and their right to know is essential to the health and safety of our children,” said Bernadette Wilson, campaign manager for Alaskans for Parental Rights, the group campaigning for the ballot measure.

Opponents, organized as Alaskans Against Government Mandates, say not all girls can safely approach their parents about an abortion, and it’s not realistic for girls in crisis to go to court to avoid letting their parents know.

“The government simply can’t mandate good family communication, and most teens facing these types of crisis situations already involve a parent, which is a good thing,” said Rhiannon Good, campaign manager for Alaskans Against Government Mandates. “Our concern is that this type of intrusive government mandate puts bureaucrats and the courts in the middle of our families’ most private affairs. And it doesn’t protect those vulnerable teens who simply cannot talk to their parents.”

Anchorage Daily News provides an in depth summary of the battle so far, including the historic trends of teen pregnancy and abortion in the state:

The issue of parents’ involvement in their teen’s abortion has long divided Alaskans.

The state Legislature passed a law in 1997 over the veto of then-Gov. Tony Knowles that said pregnant teens had to get the approval of their parents or a judge before having an abortion, but it never took effect because of court challenges. In 2007, the state Supreme Court, in a 3-2 decision, struck down the law, saying it robbed a pregnant teen of her constitutional right to make such an important decision. Then Chief Justice Dana Fabe, writing for the majority, left the door open for a law requiring parental notification.

Now voters are being asked to consider such a measure.

…

Thirty-four states require some kind of parental involvement, including 24 that require a parent to give consent, according to the Guttmacher Institute, a reproductive health research organization.

Last year in Alaska, 125 teens age 17 and under received abortions, the lowest number since the state began requiring doctors to report abortion data in 2003, according to the state Bureau of Vital Statistics. Overall, 1,938 women got abortions in Alaska last year.

Both the teen birth and abortion rates are dropping in Alaska. From 1999 to 2009, the birth rate in Alaska fell nearly 14 percent, according to the bureau. Since 2003, the abortion rate has dropped 24 percent.

The newspaper also provides a detailed article on how the notification process would work in the state if it does pass on election day:

The notification route

• A parent, guardian or legal custodian would be told about the abortion at least 48 hours ahead of time by the doctor who would perform the abortion or the doctor who referred the teen to the abortion provider. That could happen in person, by phone or, if the parent couldn’t be reached by phone, by certified letter. In a phone call, the doctor would try to verify the parent or guardian’s identity by asking questions.

•A doctor who performed a teen’s abortion without a parent knowing could be charged with a felony.

 

Court option

• The teen would formally ask the court for an order allowing the abortion without the parent knowing.

• The teen would have to swear that: 1. She was sufficiently mature and well informed to make the decision herself; 2. a parent, guardian or custodian had physically, sexually or emotionally abused her; or 3. their consent was otherwise not in her best interest.

• A judge would have to hear the case within five business days and then rule immediately.

• If the court failed to act quickly enough, the teen could get the abortion without a court order or parent notification.

Either option, be it parental notification or court permission, would place a mandatory waiting period on the teen that would not be required otherwise, as Alaska does not have a 24-hour informed consent law like many other states.

Mini Roundup: A confused editorialist thinks that pro-choice should change their belief that abortions should be “safe, legal and rare” if we can’t support 24-hour waiting periods.  Ok, how about believing they should be “safe, legal, rare and accessible?”  Plus, waiting periods push more women into second trimester abortions, hurting the editorialist’s argument that it doesn’t affect the safety of abortions.

Announcement: RHRealityCheck would like to join others in congratulating Jessica Valenti on the birth of her daughter this week.  Congratulations, Jessica!

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