By Jennifer Wessner Illinois Statehouse News
SPRINGFIELD – A Cook County judge on Monday left the door open for more litigation in his decision on the state’s never-used parental notification law regarding abortion.
Judge Daniel Riley ruled the American Civil Liberties Union’s lawsuit against the requirement that a girl’s guardian must be notified before she has an abortion was unfounded, and lifted the temporary restraining order on parental notification. In the same breath, however, he approved a stay — essentially another temporary restraining order — allowing for appeals to his ruling.
The Illinois General Assembly in 1995 passed the law requiring doctors to notify the parents or guardians of a girl 17 or younger at least 48 hours before she has an abortion. However, because of litigation, the law has never been enforced, leading surrounding states to label Illinois as a “go-to” state for young, pregnant girls seeking an abortion.
William Beckman, executive director of the Illinois Right to Life Committee, was optimistic the ruling could move the law nearer to enforcement.
Brigid Leahy, a lobbyist with Planned Parenthood of Illinois, acknowledged the ruling was not what supporters wanted, but is grateful the judge kept the restraining order in place with the stay.
Robyn Ziegler, spokeswoman for Illinois Attorney General Lisa Madigan, said Madigan supports women’s rights but must stand by state law.
“As the attorney for the state of Illinois, she has an obligation to defend the constitutionality of state laws,” Ziegler said. ”The Seventh Circuit Court of Appeals has already upheld this law. And the constitutionality of parental notice laws has been litigated in numerous federal courts throughout the country and similar laws have been upheld.”
The ACLU is expected to appeal Monday’s ruling, leaving the issue to make its way through the courts.
