News from the Senate Majority
Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
State Capitol
Juneau, AK 99801-1182
Phone: 907/465-4582
http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

Legislators Respond to Court Ruling on Parental Consent

For Immediate Release: February 26,1998 Contact: Mike Pauley, Assitant to Senator Loren Leman, at (907) 465-3841.

Juneau – A superior court judge’s decision yesterday to strike down Alaska’s law requiring parental consent for abortion was sharply criticized by several lawmakers involved in passing the legislation.

"This is one more example of liberal judges undermining the legislative process by writing laws rather than interpreting them," stated Senator Loren Leman (R-Anchorage), who authored the parental consent law enacted last year by the Legislature over Governor Knowles’ veto. "Parental consent is supported by 80 percent of the Alaska public. Laws requiring parental notice or consent before abortion are on the books in 39 states, and the U.S. Supreme Court has upheld the constitutionality of these laws in nine separate decisions. Our courts are simply out of touch with mainstream thinking on this issue."

Leman predicted an appeal will be filed with the Alaska Supreme Court, and the case may even go to the federal courts if necessary. "The federal courts have repeatedly acknowledged that parents have a constitutionally-protected right to the custody and control of their minor children. Judge Sen Tan will not have the last word on this matter," commented Senator Leman, referring to the Knowles-appointed judge who issued the ruling in the case of Planned Parenthood vs. Alaska.

Representative Pete Kelly (R-Fairbanks), who sponsored parental consent legislation last year in the House, stated the ruling sets a dangerous precedent. "In his decision Judge Tan makes the astonishing statement that ‘the maturity or immaturity of minors and their capacity for decision making does not diminish the right of privacy of that person.’ But look at our laws -- we have said that persons under 21 cannot use alcohol, those under 19 cannot buy tobacco, those under 18 cannot get married without parental consent, and those under 16 cannot drive a car," Kelly noted. "Are we prepared to throw out all these statutes because they violate an alleged right of privacy enjoyed by minors?"

Representative Fred Dyson (R-Eagle River), Chairman of the Legislature’s bipartisan Children’s Caucus, criticized the decision for its likely impact on family life. "Here we have a court essentially saying to parents, ‘you have no business being involved in a major medical decision for your child,’" said Dyson. "Government, doctors, and judges are incapable of raising children. We have fought wars to preserve our constitutional right to be secure in our homes and persons (4th Amendment). Now this judge says that medical people may invade the family’s domain and perform abortions upon our children without a parent’s knowledge. This is a deplorable violation of the rights of the family."

# # #

Broadcast Note: Radio cuts are available from Senator Loren Leman by calling 800/478-6540.
 = Loren Leman, 83 K