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Friday, September 09, 2005

Law - Ohio federal judge rules minors must get parental consent for abortions

The Cincinnati Enquirer reports this morning:

Abortions will be harder to get in Ohio today after a federal judge in Cincinnati on Thursday ruled that a state law - passed in 1998 but never enforced - is constitutional.

The ruling by U.S. District Court Judge Sandra S. Beckwith means:

Before a minor can have an abortion, her doctors must get a parent's written consent.

Any woman seeking an abortion must have a face-to-face consultation with her doctor and wait at least 24 hours before making a final decision.

Beckwith's ruling against Cincinnati Women's Services lifts an injunction that kept House Bill 421, signed by then Gov. George Voinovich, from becoming law.

"The court finds that H.B. 421 does not impose an undue burden on minors who seek abortions,'' Beckwith wrote.

But she added that lower courts need a clearer definition of "undue burden" from the U.S. Supreme Court.

"The need for more clarity is acute because ... legislatures will continue to legislate in this area, pro-choice advocates will continue to challenge such legislation, and the federal courts will continue to be caught in the middle," Beckwith wrote. * * *

The new statute, passed in January 1998, made two changes in state law:

Any woman seeking an abortion in Ohio must have a meeting with a physician 24 hours before the procedure, what's known as "informed consent." The doctor must personally give information about the abortion procedure, fetal development and alternatives to having an abortion, according to Petro spokesman Kim Norris. Under the previous law, doctors often gave such information in writing, by telephone or videotape, she said.

For anyone under 18 seeking an abortion, consent of one parent is required unless she can establish through a juvenile court proceeding that she is mature enough to make that decision or that an abortion is in her best interest. Under the previous law, the minor was required only to notify - rather than get the consent of - one of her parents before the abortion.

Access a copy of the 40-page ruling, Cincinnati Women's Services v. Taft, here.

See also this August 29, 2005 ILB entry referencing a Washington Post story headlined "Access to Abortion Pared at State Level".

Posted by Marcia Oddi on September 9, 2005 08:36 AM
Posted to General Law Related