TcMedicine

New Hampshire Gov. Lynch Signs Bill Repealing Law That Required Parental Notification For Minors Seeking Abortions

New Hampshire Gov. John Lynch (D) on Friday signed legislation (HB 184) to repeal a state law (HB 763) that required physicians to notify by certified letter a parent or guardian of a minor who is seeking an abortion at least 48 hours before performing the procedure, the AP/Washington Post reports. New Hampshire is the first state to repeal a parental notification measure (Love, AP/Washington Post, 6/29). The law also barred parents from forbidding the procedure, and the notification requirement could have been bypassed by a judge if a doctor determined that the minor’s life was in danger.

Planned Parenthood of Northern New England; the American Civil Liberties Union; the Concord Feminist Health Center; the Feminist Health Center of Portsmouth, N.H.; and Manchester, N.H.-based ob-gyn Wayne Goldner in November 2003 filed a lawsuit challenging the constitutionality of the law. U.S. District Judge Joseph DiClerico and the 1st U.S. Circuit Court of Appeals subsequently struck down the entire law. New Hampshire Attorney General Kelly Ayotte (R) appealed the rulings to the U.S. Supreme Court, saying that the judicial bypass clause in the measure combined with other state laws that allow doctors to act in an emergency protect a woman’s health.

The Supreme Court in January 2006 unanimously ruled that the lower courts should not have invalidated the entire measure and ordered lower courts to review the legislative intent regarding exceptions to the law for medical emergencies. The state Senate last month voted 15-9 to pass the House-approved repeal measure (Kaiser Daily Women’s Health Policy Report, 6/11).

Lynch Comments, Reaction
Lynch said, “I strongly believe parents should be involved in these decisions, providing important support and guidance. Unfortunately, that is not possible in every case” (AP/Washington Post, 6/29). He said that the “Supreme Court found this law unconstitutional because it fails to protect the health and safety of all women, which is why I am signing its repeal.” Lynch added, “I deeply believe that as a state we must continue to work to reduce the need for abortions and to achieve greater parental involvement in these important decisions, in a manner consistent with our constitution” (Fahey, Manchester Union-Leader, 6/29).

State Republican Party Chair Fergus Cullen said, “One can be pro-choice and still believe that parents have a right to know whether their minor daughter became pregnant,” adding, “Lynch is saying that parents don’t have a right to know their minor children became pregnant.” State Rep. Fran Wendelboe (R), who advocated keeping the law, said its supporters have not decided whether to introduce a new law in January 2008 or wait until after the 2008 elections (AP/Washington Post, 6/29).

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