Amicus Curiae Brief of Alaska Family Action
Christina Passard
Mailee R. Smith
SummaryOriginal

Summary

Alaska's Parental Notification Law should be upheld because parental involvement laws protect minors.

2013 | State Juristiction

Amicus Curiae Brief of Alaska Family Action

Keywords minors; abortions; Parental Notification Law (PNL); parental involvement laws; sexual exploitation; developmental differences; immaturity; psychological risks
image

Summary of Argument

This Court has held that "the State has an undeniably compelling interest in protecting the health of minors and in fostering family involvement in a minor's decisions regarding her pregnancy." State v. Planned Parenthood of Alaska, 171 P.3d 577, 579 (Alaska 2007) (Planned Parenthood I). Yet Planned Parenthood is attempting to deny such protection to minors and their families.

As the United States Supreme Court has acknowledged, the "abortion decision has implications far broader than those associated with most other kinds of medical treatment." Bellotti v. Baird, 443 U.S. 622, 649 (1979). The Court has stated that "immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences." As recently as 2007, the Court held that "[s]evere depression and loss of esteem can follow" the abortion decision. Gonzales v. Carhart, 550 U.S. 124, 159 (2007).

In fact, in H.L. v. Matheson, the Court stated that the emotional and psychological effects of abortion are markedly more severe for girls under the age of 18—those women the State of Alaska is seeking to protect under its Parental Notice Law (PNL). 450 U.S. 398, 411 n.20 (1981). And in Roper v. Simmons, the Court took note of the unique vulnerability of minors when it enunciated the following three differences between minors and adults:

  1. Minors possess a lack of maturity and an underdeveloped sense of responsibility, which result in impetuous and ill-considered actions and decisions;

  2. Minors are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure; and

  3. The character of a minor is not as well formed as that of an adult, with the personality traits of minors being more transitory and less fixed.

543 U.S. 551, 569-70 (2005).

The State has advanced several compelling interests—affirmed by this Court as well as the U.S. Supreme Court's decisions—which support the PNL. These compelling interests are reinforced by studies revealing that parental involvement laws (requiring either parental consent or parental notification) decrease both minor abortion rates and minor birth rates—meaning that such laws succeed in protecting minors not only from the risks inherent in abortion, but from any risks related to childbirth. See Part I, infra. Further, studies demonstrate that minors are particularly impacted by the physical and psychological risks of abortion, making it even more necessary for a parent to be involved in the minor's abortion decision and recovery. See Part I, infra. Moreover, because of their inexperience and the sexual culture surrounding them, minors are inherently vulnerable to coercion in their sexual interactions, and parental involvement laws help protect minors from sexual exploitation. See Part III, supra.

This data overwhelmingly supports the State's compelling interests in protecting the health and welfare of minors and affirming a parent's fundamental right to direct the upbringing of his or her daughter.

Open Amicus Brief as PDF

Summary of Argument

This document argues in favor of a Parental Notice Law (PNL) that requires parental involvement in a minor's decision to have an abortion. It asserts that the State has a compelling interest in protecting the health of minors and fostering family involvement in their decisions, particularly concerning pregnancy.

The argument emphasizes the unique vulnerabilities of minors, including their immaturity, susceptibility to outside pressures, and less-developed sense of responsibility. It cites legal precedent, including Bellotti v. Baird and Gonzales v. Carhart, which acknowledge the potential for long-term negative consequences of abortion, especially for minors.

The document further cites studies indicating that parental involvement laws reduce both minor abortion rates and minor birth rates, suggesting that such laws protect minors from the risks associated with both abortion and childbirth. It also highlights the increased vulnerability of minors to coercion in sexual relationships, making parental involvement crucial to safeguarding their wellbeing.

This argument concludes by asserting that the State's compelling interests in protecting the health and welfare of minors and upholding parental rights are supported by a substantial body of evidence.

Open Amicus Brief as PDF

Summary of Argument

This case centers on the constitutionality of a parental notification law (PNL) requiring minors seeking abortions to notify their parents before proceeding. The State argues that the PNL serves a compelling interest in protecting minors' health and fostering parental involvement in their decisions.

The argument rests on the understanding that minors, due to their developmental stage, lack the maturity and experience to fully comprehend the long-term consequences of abortion. The State cites various Supreme Court precedents recognizing this vulnerability, including cases highlighting the emotional and psychological risks associated with abortion, particularly for minors.

Further, the State points to research suggesting that parental involvement laws are effective in reducing minor abortion and birth rates, thus demonstrating their positive impact on protecting minors from the risks associated with both pregnancy and abortion. The State also emphasizes that parental involvement helps safeguard minors from coercion in their sexual interactions, given their vulnerability to exploitation.

Overall, the State contends that the PNL is justified by its compelling interests in protecting minors' health, fostering parental involvement, and preventing exploitation.

Open Amicus Brief as PDF

Summary of Argument

This case concerns a law in Alaska that mandates teenagers to notify their parents before obtaining an abortion, known as the Parental Notice Law (PNL). Opponents of the law argue that it is unjust and that teenagers should have the autonomy to make decisions about their own bodies. Conversely, supporters assert that it is crucial to safeguard teenagers and ensure they receive familial support.

Critics contend that teenagers may not be equipped to make such significant decisions, particularly due to potential external influences. They also believe that teenagers might not fully comprehend the risks associated with abortion and that parental involvement can aid in making well-informed choices. Proponents of the law argue that parents are best suited to guide their children through these decisions.

The primary objective of this law is to protect teenagers and help them understand the implications of abortion. By involving parents, supporters believe they can facilitate better decision-making regarding the health and well-being of teenagers.

Open Amicus Brief as PDF

Summary of Argument

This case is about a law in Alaska that requires teenagers to tell their parents before they can get an abortion. The law is called the Parental Notice Law (PNL). People who are against the law say it's unfair and that teenagers should be able to make their own choices about their bodies. But the law's supporters say it's important to protect teenagers and make sure they have the support of their families.

Some people think teenagers aren't ready to make such a big decision, especially because they might be influenced by others. They also think teenagers don't always understand the risks of abortion and that talking to their parents first can help them make a good decision. The law supporters say that parents are the best people to help their kids with these choices.

This law is designed to keep teenagers safe and help them understand the risks of abortion. They believe that by involving parents, they can help teenagers make better choices about their health and lives.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Amicus Curiae Brief of Alaska Family Action, Planned Parenthood of the Great Northwest, Jan Whitefield, MD, and Susan Lemagie v. State of Alaska, Loren Leman, Mia Costella, Kim Hummer-Minnery, Nos. S-15010, S-15030, S-15039 (Alaska July. 15, 2013).

    Highlights