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

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Summary of Argument

The court has previously recognized the state's strong interest in safeguarding the health of young people and encouraging family involvement in a minor's pregnancy-related choices. However, Planned Parenthood is seeking to prevent this type of protection for minors and their families.

The United States Supreme Court has recognized that the choice to have an abortion has wider-reaching effects than most other medical procedures. The Court has also noted that young people often do not have the capacity to make fully informed decisions that consider both immediate and future impacts. It has been observed that profound sadness and a decline in self-worth may result from an abortion decision.

Furthermore, the Court has indicated that the emotional and psychological impacts of abortion are notably more severe for girls under 18, the group the State of Alaska aims to protect through its Parental Notice Law. The Court has also highlighted the particular susceptibility of minors, noting three key distinctions between young people and adults:

  • Young people often show less maturity and a less developed sense of responsibility, which can lead to impulsive and poorly thought-out actions.

  • Young people are more easily influenced by external pressures, such as peer pressure.

  • The personal qualities of young people are not as fully developed or stable as those of adults.

The State has presented several strong reasons, supported by court rulings, for the Parental Notice Law. These reasons are strengthened by research showing that laws requiring parental involvement (either consent or notification) lead to a reduction in both abortion rates and birth rates among minors. This suggests such laws effectively shield young people from the dangers associated with abortion and childbirth. Additionally, research indicates that minors face significant physical and psychological risks from abortion, underscoring the importance of parental involvement in their decision-making and recovery. Due to their lack of experience and societal influences, minors are also naturally susceptible to pressure in sexual situations, and parental involvement laws help guard against sexual exploitation.

This evidence strongly supports the State's important goals of protecting the health and well-being of young people and upholding a parent's fundamental right to guide their child's upbringing.

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Summary of Argument

The state has a strong interest in protecting the health of minors. This includes encouraging families to be involved in a minor's decisions about pregnancy. However, Planned Parenthood is challenging these protections for minors and their families.

The Supreme Court has noted that deciding to have an abortion has wider effects than most other medical treatments. The Court has recognized that young people often cannot make fully informed choices because they may not understand both immediate and future consequences. It has also found that severe depression and a loss of self-esteem can sometimes follow an abortion.

Studies have shown that the emotional and psychological impacts of abortion can be more significant for individuals under 18. This is the group the State of Alaska aims to protect with its Parental Notice Law (PNL). The Supreme Court has highlighted that minors are uniquely vulnerable, differing from adults in three key ways: they often lack maturity and a developed sense of responsibility, making their decisions more impulsive; they are more easily influenced by external pressures; and their personalities are still developing and less stable.

The State's Parental Notice Law is supported by several strong interests, which both this Court and the U.S. Supreme Court have acknowledged. Research indicates that laws requiring parental involvement (either consent or notification) lead to lower rates of abortion and childbirth among minors. This suggests these laws protect minors from risks associated with both abortion and childbirth. Furthermore, studies show that minors are especially affected by the physical and psychological risks of abortion. This emphasizes the importance of a parent's involvement in a minor's decision and recovery. Due to their inexperience and societal pressures, minors are also vulnerable to coercion in sexual situations, and parental involvement laws help shield them from exploitation.

The available evidence strongly supports the State's goals of protecting the health and well-being of minors. It also upholds a parent's basic right to guide their child's upbringing.

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Summary of Argument

The Court has previously stated that the state has a clear and strong reason to protect the health of young people. It also has a strong reason to encourage families to be involved when a minor makes decisions about a pregnancy. Planned Parenthood, however, is trying to prevent these protections for minors and their families.

The United States Supreme Court has recognized that making an abortion decision has wider effects than most other medical treatments. The Court has also noted that young minors often cannot make choices that fully consider both immediate and long-term results. As recently as 2007, the Court acknowledged that severe sadness and a loss of self-worth can follow an abortion decision.

The Court has also pointed out that the emotional and psychological effects of abortion are much more serious for girls under 18. These are the young women the State of Alaska wants to protect with its Parental Notice Law (PNL). The Court has recognized that minors are uniquely susceptible, listing three key differences between minors and adults:

  • Young people are not as mature and have a less developed sense of responsibility, which leads to sudden and poorly thought-out actions and decisions.

  • Young people are more open to negative influences and outside pressures, including pressure from friends.

  • A young person's character is not as fixed as an adult's; their personality traits change more easily.

The State has presented several strong reasons for the Parental Notice Law, which have been upheld by both this Court and the U.S. Supreme Court. Studies support these reasons, showing that laws requiring parents to be involved (either through consent or notice) lead to fewer abortions and fewer births among minors. This means these laws protect minors from the risks of both abortion and childbirth. Furthermore, studies show that minors are especially affected by the physical and psychological risks of abortion. This makes it even more important for a parent to be involved in a minor's decision and recovery. Also, because minors are inexperienced and are influenced by the sexual culture around them, they are naturally open to being pressured into sexual situations. Parental involvement laws help protect minors from sexual exploitation.

This information strongly supports the State's important goals: to protect the health and well-being of minors, and to confirm a parent's basic right to guide how their daughter is raised.

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Summary of Argument

A court has said that the state clearly has a strong reason to protect the health of young people. It also said that families should be part of a young person's choices about pregnancy. However, Planned Parenthood is trying to stop these protections for young people and their families.

The highest court in the country has said that deciding to have an abortion is a very big choice. It is bigger than most other medical decisions. This court also said that young people often cannot make choices where they think about all the short-term and long-term results. It noted that deep sadness and feeling bad about oneself can happen after an abortion.

One court case showed that the feelings and mind problems from abortion are much worse for girls under 18. This is why Alaska's Parental Notice Law (PNL) wants to protect these young people. Another court case also pointed out that young people are easily hurt or influenced. It listed three ways young people are different from adults:

  1. Young people are not fully grown up and do not always act carefully. They might make quick, bad choices.

  2. Young people are more easily led by bad influences or other people, like friends.

  3. A young person's personality is still forming. Their traits can change more easily than an adult's.

The state has given several strong reasons for the Parental Notice Law (PNL). Many courts, including the highest one, agree with these reasons. Studies show that laws that involve parents (like needing a parent's OK or telling a parent) lead to fewer abortions and births among young people. This means these laws keep young people safe from the dangers that come with abortion and childbirth. Other studies also show that young people face more physical and mental dangers from abortion. This makes it even more important for a parent to be part of the decision and the healing process. Also, because young people are new to many things and face pressure, they can be forced into sexual acts. Laws that involve parents help keep young people safe from being used.

All this information strongly supports the state's reasons. These reasons are about keeping young people healthy and safe. They also support a parent's basic right to guide how their child grows up.

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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).

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