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June 17, 2002

Related cases

  Federal Court Finds Oklahoma’s Adolescent Abortion Law Unconstitutional

Tulsa, OK - On Friday, a federal court judge struck down an Oklahoma adolescent abortion law that prevented young women from choosing abortion without parental consent. The court found it unconstitutional because it failed to comply with the United States Supreme Court’s guidelines requiring that such laws include a medical emergency exception and the means for an adolescent to obtain the procedure without parental consent or notice. The law was also found to be vague because it neglected to provide doctors with any specific guidelines regarding compliance, thus violating their Fourteenth Amendment due process rights.

"The court’s decision prioritizes the health of young women," said Bebe Anderson, a staff attorney for the Center for Reproductive Law and Policy (CRLP) and lead counsel on the case. "By ignoring young women who face physical or emotional abuse by a parent or those suffering from a medical emergency, the state violated the constitutional rights of its young citizens," added Anderson.

The law required parental consent before a minor could seek an abortion. The statute mandated that abortion providers be held financially liable for any post-abortion care if the procedure was performed on a minor without "parental consent or knowledge." The law did not limit the amount of damages for which a physician could be liable or the time in which he or she could be sued. The law also imposed liability regardless of whether the doctor provided proper medical care.

When asked to defend its position, the state officials suggested to U.S. District Court Judge Claire V. Eagan that she "read into the statute" any necessary language requiring medical emergency exceptions and a judicial bypass in order to render it constitutional. In short, the officials asked the court to pretend the law included these provisions when it clearly did not.

The majority of young women choose to involve their parents regarding their abortion decision. Oklahoma’s law, however, ignored the fact that not all young women come from supportive home environments. Some would face physical danger or risk being abandoned and homeless should they seek parental consent. Moreover, forcing parental consent for all minors disregards the difficulty faced by individual adolescents.

Friday’s decision is the result of a May 2002 hearing during which CRLP challenged the law, which was signed by Governor Frank Keating in June 2001.

The plaintiff in Nova Health Systems dba Reproductive Services v. Fogarty, et al. was represented by Bebe Anderson and Jody Ratner of the Center for Reproductive Law and Policy and M.M. Hardwick of Tulsa, Oklahoma.







































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