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171 P.3d 577 (2007)
In October 2004, NCYL joined in an amicus brief with the National Association of Social Workers Alaska Chapter, Alaska Women's Lobby, Alaska Pro-Choice Coalition, Juvenile Law Center, and Jane's Due Process arguing that the Alaska Parental Consent Act is unconstitutional. The Act prohibits physicians from performing abortions on unmarried, unemancipated minors without parental consent. The Act includes provisions for judicial bypass of parental consent in emergency situations. Amici argued that the Act’s judicial bypass procedure imposes a burden on minors, is in some cases detrimental to the health of minors, and that the Act infringes upon a minor’s constitutional right to privacy.
The Alaska Supreme Court had stated in 2001, in response to a previous challenge by Planned Parenthood to the Act, that the Alaska constitution’s privacy clause extends to minors as well as to adults. Further, in order to be constitutional, the requirements of the Act must be necessary to further a compelling State interest, and there must be no less restrictive means to achieve the State’s interest. The Alaska Supreme Court in 2007 concluded that the State failed to establish that parental consent, rather than merely parental notification as required by other jurisdictions, is necessary to achieve the State’s compelling interest. Thus, the Act does not represent the least restrictive means to accomplish the State’s interest. The court concluded that the Act violates the right to privacy established by the Alaska constitution.
Counsel: Janell Hafner, Cooperating Attorney for the Alaska Civil Liberties Union, Reges & Boone LLC; Stacey I. Young, Women’s Law Project
Updated April 21, 2010
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