Analysis: HB 2354 Would Establish Abortion as a Fundamental Right and Sweep Away All Common-Sense Measures on Abortion
Posted by Mary-Louise Kurey (March 23, 2009 at 12:22 am)
There have been several requests for more detailed analysis of key provisions of the Illinois FOCA bill, HB 2354. The Research Team prepared the following summary of Section 15, that would invalidate parental notice, physician-only, and other common-sense regulations on abortion.
SUMMARY: Section 15 would invalidate all common sense restrictions on abortion in Illinois, including requirements: (i) to notify a parent before her minor daughter undergoes an abortion (“parental notice”), (ii) to prohibit anyone other than a licensed physician from performing an abortion (“physician-only”), and (iii) to establish regulations on the performance of abortions in outpatient facilities (“health and safety regulations”). Each of these measures would incrementally increase the cost or burden of obtaining an abortion, and therefore constitute an invalid “interference” with the right of abortion under Section 15, even though these are common sense measures that protect minor girls and women. The following is a more detailed look at the context and specific provisions.
1. Abortion As a Fundamental Right. Section 15 would establish abortion as a fundamental right in Illinois and would supersede and invalidate any legal requirement that establishes any restriction on abortion. Specifically, Section 15 provides that “Notwithstanding any other provision of this Act or any other law to the contrary, the State or any municipality, political subdivision, or other governmental unit or agency shall not . . . deny or interfere with a pregnant woman’s right to terminate a pregnancy…”
2. Parental Notice Would Be Repealed By HB 2354. Any restriction or regulation on abortion could readily be deemed an “interference” that is superseded by HB 2354, even if it is a common sense measure, such as the Illinois Parental Notice of Abortion Act. This Act requires notification to a minor girl’s parent before the minor girl undergoes an abortion. Such a notice is often a critical step that helps a mother to protect her minor daughter from an older male or predator, who otherwise could coerce her minor daughter into having an abortion. Without this Act, a minor could not only be coerced into having an abortion, she could be suffering the trauma and effects from the abortion for months without her parents even knowing the source of the problems. These serious concerns about safety of minors, parents’ rights, and the like, are key reasons why polls consistently show that 75% to 80% of Americans support these kinds of parental notification requirements.
3. HB 2354 Leads to Absurd Results: A School Nurse Needs Parental Consent To Provide an Aspirin, but Any Medical Professional Can Administer an Abortion Procedure Without Even Parental Notice. If Section 15 of HB 2354 is adopted, state law in Illinois would provide that parental consent is required for a school nurse to give aspirin to a minor girl, but would allow a minor girl to obtain an abortion without even giving notice to one parent. Specifically, under Illinois common and statutory law, a minor under 18 generally is not competent to engage in legally binding actions, such as signing contracts or consenting to medical procedures, and instead the minor’s parents are authorized to consent on her behalf. See 410 ILCS 210/2. This means that, in general, school nurses, doctors, and other medical professionals need to obtain parental consent before dispensing medical treatments to minors, from simple treatments such as administering medications in school, to more complicated procedures, such as removing tonsils or undertaking operations. There is an exception under current law that allows a pregnant minor to consent for an abortion procedure (410 ILCS 210/1). The Parental Notice of Abortion Act (discussed above) addresses this issue and requires notice to one parent or guardian (not consent) before an abortion is performed on a minor girl. If HB 2354 is adopted, the parental notice requirement would be repealed, and minor girls could undergo an abortion without any knowledge or involvement of her parent or guardian. As mentioned above, this puts the minor girl at risk of being coerced into having an abortion by an older male or predator, without her parents even knowing about it.
4. HB 2354 As an Effort to Circumvent the 7th Circuit Court of Appeals. For reference purposes, the abortion industry has challenged the Parental Notice of Abortion Act in court. After a lengthy legal battle, the 7th Circuit Federal Court of Appeals is poised to rule on the matter shortly, and it is anticipated that the 7th Circuit will probably rule in favor of enforcing the Act. HB 2354 appears to be an effort by the abortion industry to do an “end run” that repeals the Act before the 7th Circuit can authorize the enforcement of the Act. In this regard, HB 2354 is comparable to the failed attempt by the abortion industry to repeal the Act two years ago through another bill, HB 317. HB 317 failed due to bipartisan opposition to the effort to take away parental rights to know about their child’s healthcare on these important matters.
5. HB 2354 Would Repeal Other Common Sense Measures. As mentioned above, any restriction or regulation on abortion could readily be deemed an “interference” that is superseded by Section 15 of HB 2354. This low standard (“interference”) would invalidate a broad range of common sense measures, such as the requirement that only a licensed physician can perform an abortion (720 ILCS 510/3.1) (“Physician-Only Requirement”), and requirements that outpatient abortion clinics must be licensed, subject to state regulation, and restricted to performing abortions up to 18 weeks (77 Ill. Admin. Code § 205.710) (“Licensing Requirement”). Specifically, because the Physician-Only Requirement and the Licensing Requirement incrementally increase the cost of obtaining an abortion, they would be deemed to be an “interference” with the right to obtain an abortion and therefore invalidated, even though these requirements are health and safety measures that are intended to protect pregnant women.
Not only would the lack of parental notification put the minor girl at risk of emotional truma, but phsical trauma, also. The girl could have internal bleeding and the parents would have no idea about it! And then the parents could be held liable for neglecting the girl’s health!
March 24th, 2009 at 2:38 pm
All life is precious. Everyone deserves to live. The life of a human being begins at conception. Period!
April 3rd, 2009 at 9:42 am