Alaska Supreme Court Rules Parental Consent Statute is Unconstitutional
Fri, 02 Nov 2007
The Alaska Supreme Court has issued a ruling in Alaska v. Planned Parenthood of Alaska, No. S/11365, 11368 (Alaska, Nov. 2, 2007).
After assuring everyone that they are not legislators, pundits, theologians, ethicists, or philosophers, the majority, in an opinion written by Justice Fabe, holds that the abortion parental consent statute is unconstitutional, because the legislature could have adopted a less intrusive parental notice statute to satisfy its compelling interest.
Dissenting Justice Carpeneti, joined by Justice Mathew dissented “[b]ecause this court’s rejection of the legislature’s thoughtful balance is inconsistent with our own case law and unnecessarily dismissive of the legislature’s role in expressing the will of the people, I dissent.”
An ADF allied attorney was involved in this litigation.