I have bad news. After 26 years of hard fought litigation, we lost our epic battle to protect Illinois teens from the disastrous, and sometimes dangerous, consequences of compelled parental or judicial notice of the teen's pregnancy and decision to have an abortion!

The U.S. Court of Appeals upheld the Illinois Parental Notice of Abortion Act today.

The decision revives the dormant Illinois Parental Notice of Abortion Act and creates dangerous hurdles to medical care for young women facing unintended pregnancies.

The law will go into effect August 4 and will mean that a pregnant teen who seeks an abortion must either tell a parent or go to court and try to persuade a state court judge that she is mature enough to make the decision or that an abortion, without parental involvement, is in her best interests.

What the ACLU plans to do:

While we explore all of our legal options, our first priority is the help providers and teens navigate the requirements of the Parental Notice Act.

First, ACLU Reproductive Rights Project Director Lorie Chaiten and other ACLU staff lawyers are prepared to represent teens during the first bypass hearings.

Second, in preparation for the possibility of this bad judicial ruling, Reproductive Rights Project Attorneys have prepared a procedure manual to help health care providers and lawyers guide teens through the bypass proceeding. We are fine-tuning that manual and have already alerted medical providers about the Court's decision and the new procedures they will have to comply with.

Finally, we are planning to increase our legal team by hiring additional lawyers and recruiting volunteer lawyers throughout the state. At a minimum, we will need to file hundreds of bypass procedures every year and work with court officials in every county in which teens seek abortions.

What you can do:

1. Make a generous contribution to our legal effort to provide legal representation to teens who will (after August 4) need to go before a judge if they are unable to notify a parent of an abortion decision.
2. Forward this to anyone you know who cares about reproductive freedom and understands how important it is that all teens have access to reproductive health care.
3. Let us know the names of lawyers who would be interested in being trained as pro-bono attorneys to guide teens through a bypass hearing.

We have three weeks to mobilize and create a system to help teens.

The other day, I had a conversation with a friend about how much we (independently) enjoy being at "home." There is nothing unusual about our conversation. For most of us, home is a refuge - whether we live in a private home, a townhouse, condo or apartment. At the end of a difficult day or week at work, it is so rewarding to head home, to rest, relax and recharge engaged in whatever activity one wants - reading, watching television, reading blog posts or just hanging out.

My enjoyment of "home" has lost a little luster of late. Every time I think about how much I love my own home, I am sad for Stanley Ligas. Stanley Ligas is 41-years-old; he has a job, takes care of his own finances and he knows what he wants. Unfortunately, an antiquated system of providing services to those persons with developmentally disabilities in Illinois keeps Stanley trapped in a large institution - a "home" that he shares with nearly 100 other people.

A few years ago, the ACLU of Illinois, along with Equip for Equality, Access Living, the Public Interest Law Center of Philadelphia and the Chicago law firm Sonnenschein Nath and Rosenthal, brought a lawsuit on behalf of Stanley and several others, seeking to give each person with developmental disabilities in Illinois a choice about where they live - a choice that is guaranteed to them under the Americans with Disabilities Act. This right was further made clear 10 years ago, when the Supreme Court decided the case Olmstead v. L.C. In short, these individuals have a civil right to live in a setting that is the one they desire and the least segregated, rather than simply being bound to a large institution.

The lawsuit resulted in a landmark settlement with the State of Illinois. Under the agreement, we felt confident that Stanley - and thousands of folks like Stanley - soon would be able to make an informed choice about where they live. The agreement would have brought critical, systemic change to a flawed system that does not serve many individuals and their families.

After a fairness hearing to consider the agreement last week, a federal court rejected the settlement and decertified the class previously approved by the court. (I wrote a post to the blog after the fairness hearing. ) This was a great disappointment for the ACLU of Illinois and our coalition partners. But the judge did not dismiss the case and our work goes forward. Read more about the court's decision and our reaction.

In a few weeks, we will celebrate the anniversary of the Americans with Disabilities Act. For all the progress that has been achieved under the ADA, it is sad that Illinois still ranks dead last when it comes to permitting persons with disabilities to live and interact in the community, rather than be stuck - like Stanley Ligas - in large institutions. It just doesn't seem fair and reminds us that we will not reach the real goal embodied in the ADA until those with disabilities are integrated fully into our communities.

This work makes me proud (again) to be part of the staff at the ACLU of Illinois. I am happy to have colleagues that work so hard for people like Stanley. Sometimes, the work here seems complicated - legalistic and complex. Not this case. Guys like Stanley just want the simple human dignity that comes from having a place of their own. I look forward to the day when we achieve that goal.