By SHILOH ROAN
More than a decade has passed since the controversy of a minor’s right to abortion became an issue in California.
Tuesday, the debate ended when the California Supreme Court struck down the parental consent law, finding it unconstitutional.
With a 4-3 margin, the state supreme court reversed the 1996 ruling, saying it was a violation of a young woman’s right to privacy.
“This decision is a great victory for the young women of California,” said Nicole Nestel, spokesperson for California Abortion and Reproductive Rights Action League.
“It reinforces that all women — regardless of age — have the right to reproductive freedom,” she said.
Utah State Representative John L. Valentine, system majority whip, does not agree with the ruling.
“I am disappointed that the California Supreme Court did not recognize the tender nature of children,” he said. “Children need their parents to be involved in their decisions, so parents can help their children.”
The overturned law, which states that a minor who wants an abortion either has to get one parent to consent, or has to persuade a judge that she is mature enough to make the decision, was originally passed in 1987.
In 1996, the state supreme court ruled to uphold the law; however, this year, with two new justices, they voted to rehear the case, and overturned it.
Nestel said there are currently 31 states that require young women to get consent before receiving an abortion. Utah law requires that one parent is notified before the minor can receive an abortion. Notification does not have to include the parent’s consent.
Amy Fetter, administration for Utah Women’s Health Care, said notification problems do not usually become an issue unless the parent knows and won’t sign the notification form.
“It is a fine line,” Fetter said. “If we are aware that the parent is aware, and refuses to sign because they are opposed to abortion, we, as a health care provider, will document the problem and the abortion procedure can continue without a parent’s signature.”
Debbie Cohen, a staff member at Utahns for Choice, does not support any restrictions on abortions because she feels they take away the right to choose. She said that “although Utahns for Choice is not currently fighting for new abortion laws, we are not in favor of the existing laws.”
