Thomas More Society Files Motion for Immediate Transfer of Parental Notice Challenge to Illinois Supreme Court

Our friends at the pro-life Thomas More Society law firm just delivered the justices of the Illinois Supreme Court a motion to immediately transfer the legal case pending against the Illinois Parental Notice of Abortion Act of 1995 from the Appellate Court to the Supreme Court. Arguing that pregnant minors at risk for abortion suffer harm every day that the Act is not enforced, the Society invoked the Supreme Court rule allowing transfer of an appeal when the “public interest requires prompt adjudication.” The pending appeal, brought by the American Civil Liberties Union (ACLU), is currently in the Illinois Appellate Court, First District, where a decision is not expected for a year or more.

Contact Illinois Attorney General Lisa Madigan to request that she support the motion filed by Thomas More. It is high time to end the delay of enforcing this law that was enacted fifteen years ago. The people of Illinois overwhelmingly support parental notice.

You can also call the Attorney General’s office at the numbers listed below:

Chicago — (312) 814-3000

Rockford — (815) 967-3883

Springfield — (217) 782-1090

Quincy — (217) 223-2221

Belleville — (618) 236-8616

Carbondale — (618) 529-6400

Background
“More than fifteen years ago, with overwhelming bipartisan support, parental notice was supposedly made the law in Illinois, but as we sit here today, secret abortions on pregnant minors continue unabated,” said Peter Breen, Thomas More Society executive director and legal counsel. “With this motion to transfer, the Supreme Court has the opportunity to immediately and definitively decide the constitutionality of parental notice in Illinois.”

Earlier this year, Judge Daniel Riley of the Cook County Circuit Court allowed the Thomas More Society to appear as “friends of the court” as he rejected the ACLU’s Illinois state constitutional challenges to the Parental Notice Act. However, after the decision, both the ACLU and the Illinois Attorney General’s office agreed to an indefinite stay of the law, extending through the duration of the appeal a temporary restraining order entered earlier by Judge Riley.

Since the Parental Notice Act was signed into law in 1995, more than 50,000 abortions have been performed on pregnant minors in Illinois, including almost 5,000 abortions on girls 14 years of age and younger. Illinois is the only state in the Midwest that does not have a law requiring parental notification or consent prior to an abortion, and more than 55,000 abortions have been performed on non-residents in Illinois since 1995, including an unknown number of out-of-state pregnant minors.

While the Act was passed in 1995, it was in late 2006 that the Illinois Supreme Court issued the Act’s required “judicial bypass” rules, which allow a minor a confidential bypass proceeding in court in lieu of notifying her parents. Notwithstanding the bypass rules, the Act also allows a minor to forego notification if she declares in writing that she is the victim of abuse. In early 2009, the United States Court of Appeals for the Seventh Circuit rejected the ACLU’s federal constitutional challenge to the Act.

It is not yet known whether the Attorney General and the ACLU will support, oppose or remain neutral on the motion to transfer. A copy of the motion to transfer can be downloaded at www.thomasmoresociety.org.

Thomas More Society Responds by Seeking Leave of Court to Defend Parental Notice

Chicago, Illinois March 12-Reacting to the recent claim by the Attorney General that the Illinois Constitution contains a right to abortion, attorneys from the Thomas More Society will appear in Cook County court on Monday, March 15, again seeking to intervene in the latest American Civil Liberties Union (ACLU) lawsuit, challenging the Illinois Parental Notice of Abortion Act of 1995. 

In Hope Clinic, et al., v. Brent Adams et al. (No. 09 CH 38661), Thomas More Society attorneys are representing Illinois State’s Attorneys Stu Umholtz (R-Tazewell), Ed Deters (D-Effingham) and Ray Cavanaugh (R-Henderson), and maintain that because there is no right to abortion in the Illinois Constitution, the ACLU’s latest challenge to parental notice is baseless. The Attorney General, representing various Illinois officials who are named as defendants, has moved to dismiss the case on other grounds.

“Because the ACLU has already lost in federal court, its lawyers must prove in state court both the foundational contention that the Illinois Constitution of 1970 guaranteed a right to abortion and the further contention that such a right is even stronger than the federal abortion right upheld in Roe v. Wade, handed down in 1973. The contention that the Illinois Constitution includes a right to abortion is an utter falsehood plainly belied by the historical record. Yet, instead of defending the Illinois Constitution, whose Framers clearly left the issue of abortion to the legislature, the Attorney General has tossed the Constitution aside and conceded to the ACLU its foundational contention that the Illinois Constitution includes a right to abortion,” statedThomas Brejcha, President & Chief Counsel of the Thomas More Society. “Illinois parents have a right to know before their kids are taken for abortions. If the Attorney General won’t defend the parental notice law vigorously, we will do so, until the day when there are no more secret abortions performed on Illinois children.”

The Parental Notice of Abortion Act requires a child under age 18 to notify a parent, grandparent or step-parent in the home, or to go before a judge to get a waiver, prior to undergoing an abortion. The Act was prevented from going into effect in June 1995, by an injunction issued by the federal district court in Chicago. Fourteen years later, in August of 2009, the federal appeals court lifted the injunction. However, before the Act could go into effect, the Illinois Medical Disciplinary Board imposed a 90-day grace period on enforcement. On the day that grace period ended, November 4, the law was in effect for only a few hours before Judge Daniel Riley of the Cook County circuit court granted a temporary restraining order, again halting enforcement of the Act.

Judge Riley has granted Thomas More Society attorneys a special setting for their motion to intervene, at 10 a.m. on Monday. At 10:30 a.m., the court will hear the Attorney General’s motion to dismiss the ACLU’s case. Thomas More Society attorneys will be available for comment following the hearing.

For more information, contact Stephanie Lewis, 312-422-1333.