Court Takes Up State's Parental Notification Law

When New Hampshire's parental notification bill passed two years ago, opponents and supporters expected a protracted legal battle.

And they were right.

First, the US Court in Concord tossed it out as unconstitutional.

That decision was upheld by the US Court of Appeals.

But when former state Representative Phyllis Woods heard that the US Supreme Court has taken up the case, she excitedly shouted into the phone, 'That's what we've been praying for."

:16 I am very excited. I am very happy. It's what we were hoping for. It's one of the reasons we wrote the law the way we did. b/c we thought it would go through all the courts and it would be challenged. And we wrote it so that it would be held up by the Supreme Court.

One component of the law that Woods and other supporters want clarified is whether parental notification laws must include health exceptions for mothers.

New Hampshire's does not.

Sponsors of the original legislation, including Woods, believe a health exception is nothing more than a big loop hole.

The worry is that the language 'health exception' is vague and could be too broadly defined to include financial and emotional health.

The Court has ruled an abortion statute is unconstitutional if the health of the mother is not preserved.

So the state's argument has focused on how, absent a specific health exception, the health of the mother is considered.

Assistant Attorney General Dan Mullen.

2:45 we believe that the provision contained in the law...and a couple of other general NH laws are adequate to preserve the health of the mother.

Planned Parenthood's Dawn Touzin says the state's law is simply disinterested in a pregnant minor's health.

2:!0 the only exception that is in there right now is if there is imminent death. But if you think about the dangers that can occur in a pregnancy to ignore any possibility of those short of death is not considering the welfare of the individual.

Touzin says her organization is acutely aware of the backdrop surrounding the case.

The US Senate is in the midst of debate over judicial nominations, and some expect the high court to sport a vacancy or two in the coming months.

And as the debate over abortion continues, New Hampshire advocates in both camps now focus on Washington.

For NHPR News, I'm DG.