Statement of Colleen K. Connell, Executive Director, American Civil Liberties Union of Illinois, Regarding Judge's Ruling in Challenge to Illinois' Parental Notice of Abortion Act

CHICAGO, March 29 /PRNewswire-USNewswire/ -- Cook County Circuit Court Judge Daniel A. Riley, lamenting that the Illinois Parental Notice of Abortion Act was an unfortunate law that would harm teens at risk of abuse, nonetheless granted a motion by the State of Illinois to dismiss a lawsuit brought by the ACLU of Illinois challenging the Act as violative of the state Constitution.  However, the Judge also granted an order sought by the ACLU of Illinois and the State of Illinois to continue the temporary restraining order in the case until the ACLU of Illinois is able to appeal Judge Riley's decision.  This means that the law will not be enforced until the appeals court can consider the matter.  

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.

The following can be attributed to Colleen K. Connell, Executive Director of the ACLU of Illinois:

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.  

Given the harm enforcement of this law poses to teens, we are grateful that the Judge approved an agreement between the ACLU and the State of Illinois to continue the  restraining order for the duration of the appeals process through the First District Court of Appeals.   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.  

SOURCE American Civil Liberties Union of Illinois