Federal Judge Temporarily Blocks Nevada Law Requiring Parental Notification of Minors Trying To Get Abortions

A federal judge issued a ruling that temporarily blocks an old Nevada law that requires parents to be notified when minors are trying to get an abortion.

U.S. District Judge Ann Traum issued the ruling in late March as she oversaw the case of Planned Parenthood Monte Mar, Inc. vs. Attorney General Ford. The law in question requires physicians to notify a parent or get a judicial bypass before performing an abortion on a minor.

Nevada Law on Abortions for Minors

The law had been on hold since 1985 because of a federal injunction, which was initially put in place after Planned Parenthood of Washoe County argued that it conflicted with the Supreme Court's decision on Roe v. Wade.

The injunction was upheld by the U.S. Court of Appeals for the Ninth Circuit, making it permanent in 1991. The legal developments in recent years come after the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, according to Fox11.

District attorneys from different counties in Nevada, including Carson City, Storey, and Douglas, filed a lawsuit in December 2023 to lift the injunction. They cited the Dobbs decision of the Supreme Court.

Judge Traum, who was appointed by former President Joe Biden, clarified that the case is not about the merits of parental notification. It is instead about the legal validity of the existing injunction.

Currently, abortion in Nevada is legal until 24 weeks of pregnancy, with exceptions that prioritize the safety of a mother's life or protect her health. A ballot question in November last year, which asked whether or not to enshrine Nevada's abortion rights in the state constitution, received its first nod of approval from voters, 2NewsNevada reported.

Requiring Parental Notification

The involvement of parents in a minor's decision to get an abortion is something that is currently required in 36 states across the country. Some of these only require parental notification, which is the case in Nevada's law, but others also require their consent.

Following Traum's order, Planned Parenthood has seven days to file a request with the appellate court. Failure to do so means that the law can be enforced in the state. On the other hand, Planned Parenthood argued that the law, which is 40 years old, remains "unconstitutionally vague."

The non-profit organization also argued that the decades-old law violates minors' rights to due process and equal protection under the law. Right now, Nevada law allows minors to get a court authorizing abortions without first notifying their parents or guardians, as per the Independent.

Originally published on parentherald.com