Cross-Posted at the ACLU's Blog of Rights.

On Monday, a Cook County Circuit Court judge dismissed the ACLU's challenge to the Illinois Parental Notice of Abortion Act; a law that prevents teens from having an abortion unless they notify a parent or go to court. We are obviously tremendously disappointed in the decision. For what it's worth, the judge didn't seem too happy about it either.

Calling the law a "clear infringement" of a young woman's constitutional rights, the judge agreed with us that the law would subject many teenagers, particularly those who come from dysfunctional families, to physical and emotional abuse. In fact, the judge found the testimony we submitted -- from experts around the country -- that the law would jeopardize the health and safety of the most vulnerable teens to be "compelling." Unfortunately, the judge also believed that he had to rule against us on technical grounds -- because we could not prove that every single teenager that will ever seek an abortion in the state of Illinois will suffer these horrible consequences.

Of course we can't. When faced with a pregnancy, most teens do talk to a parent. But we did not bring this lawsuit on behalf of those teens. Not all homes are safe homes. Not all parents are good parents; some are abusive or violent and would threaten their daughter's health and safety if she told them she was pregnant. And we disagree with the judge that the Illinois Constitution does not protect the health and safety of these teens.

We are reviewing all of our options, including an appeal. For the moment, however, what is most important is that, despite the decision, this dangerous law will not go into effect immediately. If our daughters can't come to us for whatever reason, the most important thing is that they are safe and get the care that they need, and, for now, they still can.

-- Alexa Kolbi-Molinas, Staff Attorney, ACLU Reproductive Freedom Project, and Colleen Connell, Executive Director, ACLU of Illinois

Dear LGBT Students, GSA Members, and Friends,

Constance McMillen stood up for her right to take her girlfriend to the senior prom dressed in a tuxedo. Her fight has not been easy, but she has never once regretted demanding that she be treated fairly. Constance has been an inspiration to us at the ACLU and to lesbian gay bisexual and transgender (LGBT) students all over the United States.

We at the ACLU are thrilled to help Constance in her fight for equality. (Learn more about her struggle.) We've been privileged to assist hundreds of other LGBT young people whose request for equal treatment was met with some resistance or even outright hostility.

We've developed a number of pretty effective tools to help students advocate for themselves. Sometimes respectfully telling your principals that you know your rights will inspire them to give in and treat you fairly. We have answers to some of your questions, sample letters, and lists of other resources to help you at our website. If despite your efforts, you face the kinds of resistance that Constance faced, we're here to help.

Are you or other students at your school insulted or called names because you're LGBT or friends with other LGBT students?

Are there transgender students at your school who've been told they can't wear the male or female clothing that fits their gender identity?

Does your school try to keep LGBT students and their allies silent and invisible by telling them they can't wear gay-positive T-shirts or buttons or talk about being gay?

Have LGBT students been turned down when they asked to take a same-sex date to prom?

As the Gay Straight Alliance for your school, you've probably already dealt with unfair treatment of LGBT students at your school. Or you may know students at other schools who have been treated unjustly. We've created a pamphlet that addresses many of the problems LGBT students regularly face and offers suggestions about how to handle them. It can be downloaded from our website or you can contact John Knight for copies of this free pamphlet.

If the ACLU of Illinois can help you advocate for fair treatment by answering your questions or offering legal support, let us know. Contact us if you believe your school may be violating your rights or the rights of other LGBT students, or if you just have questions you need answered.

John Knight
Tel: 312-201-9740, x335
Email: jknight@aclu-il.org
Fax: 312-201-9760

The ACLU of Illinois has been fighting for reproductive freedom and for vulnerable teens for nearly 40 years. Unfortunately, we lost a round in our battle against compelled parental involvement in a teen's decision to have an abortion.

Today, Cook County Circuit Court Judge Daniel A. Riley ruled against us in our state constitutional challenge to the Illinois Parental Notice of Abortion Act. Importantly, the Judge also continued the restraining order in the case - thus continuing to block the law's enforcement -- until the ACLU of Illinois is able to appeal his decision. This means that the law will not be enforced until the appeals court can consider the matter.

The ACLU filed this state litigation after a federal appeals court lifted a decades-old injunction based on federal constitutional law. We filed this lawsuit on behalf of medical providers and their teen patients because we believe that the Illinois Parental Notice of Abortion Act violates state constitutional guarantees of privacy, equal protection, and due process of law.

We went back to court today to receive the Judge's ruling on the state's motion for judgment on the pleadings, which would dispose of our lawsuit without an evidentiary trial. Lamenting that the Illinois Parental Notice of Abortion Act was an unfortunate law that would harm teens at risk of abuse, Judge Riley nonetheless granted State's motion. Judge Riley recognized that the Illinois Constitution, like its federal counterpart, protects the right of a woman to choose to terminate a pregnancy but that the Illinois right of reproductive autonomy was not broader than the federal right. The judge went on to conclude that under Illinois decisional law, plaintiffs mounting a pre-enforcement facial challenge to a state law must show that the law would be unconstitutional in every application. Given the fact that some teens would not be harmed by the Parental Notice law, plaintiffs' facial challenge could not go forward and he would grant defendants' motion for judgment on the pleadings.

In the wake of today's ruling, we are reviewing our legal options, including an appeal of the Judge's decision. We note that the Judge was careful and blunt in describing the Illinois law as "unfortunate," and in noting that enforcement of the Act will result in horrible outcomes for some young women, including "physical and emotional abuse." However, the Judge ruled in favor of the State because he did not believe that the law would be harmful in every incident where a pregnant minor was compelled to notify a parent of her decision to terminate a pregnancy.

We will move swiftly to take all necessary action so that the real threat of abuse so clearly identified by the Judge can be avoided.