Thomas More Society Asks the Appellate Court to Note Support from Ten New "Friends of the Court" in the 15-Year Battle for Parental Rights and Against Secret Abortions
Yesterday, the Thomas More Society filed a motion in the Illinois Appellate Court to add a bipartisan group of ten Illinois State's Attorneys to the Society's "friend of the court" brief, urging the rejection of the American Civil Liberties Union's latest attack on the constitutionality of the Parental Notice of Abortion Act of 1995. In the fall of 2010, the Thomas More Society filed the original brief on behalf of 11 Illinois State's Attorneys, and today's filing brings that total to 21 State's Attorneys from counties all over the state, who together represent millions of Illinoisans. The Appellate Court, First District, will hear oral argument on the ACLU's appeal on Thursday, April 14, 2011, at 9:30 a.m.
"Today's filing shows bipartisan momentum in support of the rights of Illinois parents to be notified before their minor daughters are taken for abortions," said Peter Breen, executive director and legal counsel for the Thomas More Society. "This Act will put a stop to the practice of 'secret' abortions, where sexual predators from surrounding states are able to cover up their crimes by bringing their underage victims to Illinois."
The parental notice law requires an abortion doctor to notify a parent, grandparent, or stepparent living in the household or legal guardian before performing an abortion on a minor, unless the minor states in writing that she is a victim of abuse or secures a confidential "judicial bypass." Although the Illinois General Assembly enacted the current parental notice law on a bipartisan basis more than 15 years ago, the law has not gone into effect because of the ACLU's federal and state court challenges. In the pending state court appeal, the ACLU contends that the Act violates the privacy, due process, and equal protection guarantees in the Illinois Constitution of 1970. Though upheld by both the United States Court of Appeals for the Seventh Circuit and the Cook County Circuit Court, the law's enforcement has been "stayed" by agreement of the ACLU and Attorney General, pending a final ruling on the ACLU's appeal. Illinois is the Midwest's only state without a parental notice or consent law in effect.
The amicus brief argues that:
- The Illinois Constitution does not confer a right to abortion. On the contrary, the 1970 Constitutional Convention referred abortion issues to the legislature.
- Numerous other federal and state courts, including the U.S. Supreme Court, have repeatedly upheld parental notice as constitutional.
- The Illinois General Assembly properly found that parental consultation prior to an abortion promotes many legitimate state interests.
The ten State's Attorneys joining today include the following:
- Robert J. Berlin, State's Attorney, DuPage County
- John J. Boyd, State's Attorney, Kankakee County
- Henry Dixon, State's Attorney, Lee County
- Gregory Minger, State's Attorney, Woodford County
- Kevin S. Parker, State's Attorney, Jasper County
- Terence M. Patton, State's Attorney, Henry County
- David N. Stanton, State's Attorney, Perry County
- Nicole Vilani, State's Attorney, Jefferson County
- Mark Vincent, State's Attorney, Brown County
- William Yoder, State's Attorney, McLean County
The original eleven State's Attorneys include the following:
- Stewart Umholtz, State's Attorney, Tazewell County
- Edward Deters, State's Attorney, Effingham County
- Charles H. Burch, State's Attorney, Calhoun County
- Michael McIntosh, State's Attorney, Logan County
- Matthew S. Wilzbach, State's Attorney, Marion County
- Thomas R. Wiseman, State's Attorney, Crawford County
- Joseph P. Bruscato, State's Attorney, Winnebago County
- James A. Mack, State's Attorney, Putnam County
- Patrick Windhorst, State's Attorney, Massac County
- Albert G. Algren, State's Attorney, Warren County
- Scott McClintock, State's Attorney Henderson County
Here is a LINK to what was filed today, and here is a LINK to what was originally filed.
Contact: Tom Ciesielka
Source: Thomas More Society
