ANCHORAGE, AK. (CN) - The state Supreme Court held that a law banning minors from having abortions without parental consent "does not strike the proper constitutional balance between the state's compelling interests and a minor's fundamental right to privacy."
The court said the state constitution would allow a notification provision to help get parents more involved in their daughters' decisions, but the Parental Consent Act goes too far by mandating parental consent. "By prohibiting a minor from obtaining an abortion without parental consent, the Act effectively shifts that minor's fundamental right to choose if and when to have a child from the minor to her parents," Justice Dana Fabe wrote.
She was joined by Justices Bryner and Eastaugh. Justices Carpeneti and Matthews dissented, saying the Act is "fully consistent" with U.S. Supreme Court precedence. See ruling in Alaska v. Planned Parenthood of Alaska