Sponsor Statement for CS for SJR 37 (JUD)

"Proposing an amendment to the Constitution of the State of Alaska relating to consent or notification of a parent or legal guardian before an abortion is provided to a minor."

Senate Joint Resolution 37 proposes an amendment to the state constitution that clearly permits the Legislature to require parental involvement in the abortion decisions of minors. The resolution states: Notwithstanding any other provision of this constitution, the legislature may, to the extent permitted by the Constitution of the United States, grant to a minor child’s parent or legal guardian either the right to consent or the right to be notified before a person may provide an abortion to the child.

Last year the Legislature enacted over Governor Knowles’ veto Senate Bill 24, which requires a person to obtain permission from a parent or judge before performing an abortion on a girl 16 years of age or younger. However, a state superior court judge has delayed enforcement of the law pending resolution of the Planned Parenthood v. Alaska lawsuit, which challenges the new law on state constitutional grounds.

National and state opinion polls consistently show 80 percent of the public supports parental consent for abortion. Laws requiring parental involvement in minors’ abortion decisions are on the books in 39 states. The U.S. Supreme Court has on nine separate occasions ruled that properly constructed parental consent and notice laws are constitutional. In its most recent opinion in Lambert v. Wicklund (1997), the Supreme Court upheld a Montana parental involvement law very similar in structure to the Alaska statute. Clinton appointees Ruth Bader Ginsburg and Stephen Breyer joined in the unanimous decision to uphold Montana’s statute.

Perhaps recognizing the futility of a federal court challenge, opponents of Alaska’s parental consent law filed suit last year in state court, seeking to have the law overturned. It is not possible to predict the outcome of the case. However, there is virtual certainty on at least one matter: regardless of whether the state ultimately wins or loses, the litigation will drag on for years, delay enforcement of a law supported by most Alaskans, and cost the state hundreds of thousands of dollars. In his supplemental budget bill Governor Knowles has already requested additional money for the Department of Law to cover expenses for the parental consent lawsuit.

SJR 37 takes the decision out of the hands of the courts, and places it in the hands of the people, where it belongs. The amendment is "non-self-executing," meaning it does not grant any rights to parents other than what the Legislature grants through legislation. When approved by the voters, the amendment will likely bring a quick end to the Planned Parenthood v. Alaska lawsuit, sparing the state from further litigation expenses and enabling enforcement of the parental consent law.

Prepared by Mike Pauley, Staff Aide to Senator Loren Leman (465-3841)

Last updated: March 30, 1998

Sponsor Statement for SJR 37

"Proposing an amendment to the Constitution of the State of Alaska relating to parental consent or notification before an abortion is provided to a minor."

Senate Joint Resolution 37 proposes an amendment to the state constitution that clearly permits the Legislature to require parental involvement in the abortion decisions of minors. The resolution states as follows: Notwithstanding any other provision of this constitution, the legislature may, to the extent permitted by the Constitution of the United States, grant a parent either the right to consent or the right to be notified before a person may provide an abortion to a minor child of the parent.

Last year the Legislature enacted over Governor Knowles’ veto Senate Bill 24, which requires a person to obtain permission from a parent or judge before performing an abortion on a girl 16 years of age or younger. However, a state superior court judge has delayed enforcement of the law pending resolution of the Planned Parenthood v. Alaska lawsuit, which challenges the new law on state constitutional grounds.

National and state opinion polls consistently show 80 percent of the public supports parental consent for abortion. Laws requiring parental involvement in minors’ abortion decisions are on the books in 39 states. The U.S. Supreme Court has on nine separate occasions ruled that properly constructed parental consent and notice laws are constitutional. In its most recent opinion in Lambert v. Wicklund (1997), the Supreme Court upheld a Montana parental involvement law very similar in structure to the Alaska statute. Clinton appointees Ruth Bader Ginsburg and Stephen Breyer joined in the unanimous decision to uphold Montana’s statute.

Perhaps recognizing the futility of a federal court challenge, opponents of Alaska’s parental consent law filed suit last year in state court, seeking to have the law overturned. It is not possible to predict the outcome of the case. However, there is virtual certainty on at least one matter: regardless of whether the state ultimately wins or loses, the litigation will drag on for years, delay enforcement of a law supported by most Alaskans, and cost the state hundreds of thousands of dollars. In his supplemental budget bill Governor Knowles has already requested additional money for the Department of Law to cover expenses for the parental consent lawsuit.

SJR 37 takes the decision out of the hands of the courts, and places it in the hands of the people, where it belongs. The amendment is "non-self-executing," meaning it does not grant any rights to parents other than what the Legislature grants through legislation. When approved by the voters, the amendment will likely bring a quick end to the Planned Parenthood v. Alaska lawsuit, sparing the state from further litigation expenses and enabling enforcement of the parental consent law.

Prepared by Mike Pauley, Staff Aide to Senator Loren Leman (465-3841)

Last updated: February 18, 1998