June 17, 2011 3:39 pm

Statement on Court Ruling in Illinois Parental Notice of Abortion Challenge

In a decision issued this morning, the Illinois Appellate Court issued a ruling reversing a Cook County Circuit Court decision granting a motion by the State of Illinois to dismiss a lawsuit brought by the ACLU of Illinois challenging the Illinois Parental Notice of Abortion Act. The ACLU of Illinois contends that the Act poses a significant threat to the health and well-being of vulnerable teens in Illinois and violates the Illinois Constitution. The case now returns to the Circuit Court for trial and the law remains under injunction and is not being enforced.

The following can be attributed to Lorie A. Chaiten, Director of the ACLU of Illinois Reproductive Rights Project who argued the case before the appellate court:

Today’s ruling by the Illinois Appellate Court protects the most vulnerable young women in our state. The Court’s decision recognizes that there are serious constitutional issues raised by the Illinois Parental Notice of Abortion Act and permits our clients to return to the Circuit Court to present our strong case showing that the Act threatens the health and well-being of young women. The law remains under injunction and cannot be enforced.

Most young women seek the advice of a parent or a close relative when deciding how to deal with an unplanned pregnancy. Young women who do not tell their parents about their pregnancy or desire to have an abortion, have good reasons, including fear for their personal safety.

We look forward to presenting evidence to a trial court to demonstrate that the harms this law imposes cannot be justified.

Download a copy of the Decision (3MB).