Judge puts restraining order on Ill. abortion law
By CARYN ROUSSEAU
CHICAGO (AP) - Just hours after a state board voted Wednesday to
allow the enforcement of a long-debated Illinois law requiring a
teenage girl's parents be notified before she has an abortion, a
judge issued a temporary restraining order putting the measure back
on hold.
The order will remain in effect until the judge can hear
arguments on the issue. Cook County Judge Daniel Riley said he felt
the American Civil Liberties Union, which sought the order,
``demonstrated the distinct possibility of irreparable harm.''
Illinois' law was passed in 1995, but never enforced because of
various court actions. Thirty-five other states have similar laws,
which meant some teens seeking abortions came to Illinois for them.
``This is a dumping ground for other states,'' said Joseph
Scheidler, national director of the Pro-Life Action League. ``You
go look at the license plates at the abortion clinics.''
Allowing the law to take effect raised the possibility that
``young women in this state would be abused, they would be kicked
out of their homes,'' Lorie Chaiten, head of the Illinois ACLU's
reproductive rights project, said after the court hearing.
Assistant Illinois attorney general Thomas Ioppolo argued
against the restraining order.
``Why does Illinois have to have a law that doesn't take the
parents into account?'' Ioppolo said. ``The idea of having parental
notification serves legitimate interests.''
Earlier Wednesday, the state's Medical Disciplinary Board had
voted not to extend a 90-day grace period on the law that had been
put in place in August. Susan Hofer, a spokeswoman for the Illinois
Department of Financial and Professional Regulation, said that vote
meant the law had gone into effect. After Riley's ruling, though,
Hofer said the department is barred from enforcing it.
Thomas Brejcha, president of the Chicago-based Thomas Moore
Society Pro-Life Law Center, called Illinois is ``an island of
abortion in the Midwest.''
The law requires doctors to notify the parents or guardians of
girls 17 or younger 48 hours before the teens get abortions. It
requires no notice in a medical emergency or in cases of sexual
abuse, and a provision allows girls to bypass parental notification
by going to a judge.
Planned Parenthood of Illinois has been providing notification
since August, spokeswoman Beth Kanter said. If a teen said she
wasn't comfortable letting a parent or guardian know, Planned
Parenthood had referred her to another provider who was using the
grace period, Kanter said. After the judge's Wednesday ruling,
Kanter said notification would no longer be provided.
``We believe that government cannot and should not mandate this
communication,'' Kanter said. ``Most teens do seek their parents'
advice and counsel ... but in some cases safe and open
communication isn't possible.''
The Parental Notice of Abortion Act was not enforced when it was
passed because the Illinois Supreme Court refused to issue rules
spelling out how judges should handle appeals of the notification
requirement. The court issued those rules in 2006.
But last year, a federal judge again refused to allow
enforcement, saying the law still failed to give teenagers workable
judicial options to notifying their parents. In July, a federal
appeals court lifted the injunction on the 1995 version. Then in
August, the Illinois Department of Financial and Professional
Regulation granted doctors the 90-day grace period.
11/04/09 19:34
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