Missouri Supreme Court Hears Arguments In Law Barring Minors From Obtaining Abortions Without Parental Consent

The Missouri Supreme Court on Wednesday heard arguments in a case regarding a challenge to an abortion-related law (SB 1) that bars minors from undergoing the procedure without the consent of a parent or guardian, the St. Louis Post-Dispatch reports (Franck, St. Louis Post-Dispatch, 11/16). The law, approved in September 2005, also includes a provision that allows civil litigation to be brought against anyone who helps a minor obtain an abortion outside of Missouri without parental or judicial consent. Several lawsuits challenging provisions of the law were filed immediately after the bill passed. A suit filed by Planned Parenthood of Kansas and Mid-Missouri sought to block the civil litigation provision, but Jackson County, Mo., Circuit Judge Charles Atwell in November 2005 ruled the provision constitutional. However, Atwell said the law only is constitutional with judicial limitations that protect free speech, and he issued an injunction stopping enforcement of the provision until a higher court rules on the case (Kaiser Daily Women's Health Policy Report, 1/10).

Arguments
According to the Post-Dispatch, the arguments heard on Wednesday focused "almost entirely" on whether the law hinders free speech. Eve Gartner, a lawyer for Planned Parenthood Federation of America, said people who provide information on abortion clinics in Illinois could be subject to the civil litigation provision, which says lawsuits can be filed against people who "intentionally cause, aid or assist" minors in obtaining an abortion without consent. Gartner added, "The plain meaning of [aid and assist] does include speech." State Supreme Court Chief Justice Michael Wolff said that he read nothing in the law "that has anything to do with speech," adding that the law targets such conduct as transporting a minor across to another state. Attorneys challenging the law also said the law could punish any person who might provide counseling on abortion options. Michael Pritchett, an assistant Missouri attorney general, and Rebeca Navarro-McKelvey, an assistant circuit attorney in St. Louis, said the state and the city, respectively, would not seek legal action against people who simply counsel teens about abortion options. Judge Laura Denvir Smith said private citizens might attempt to bring lawsuits under the measure against those providing abortion-related advice. According to the Post-Dispatch, the court is not expected to rule on the case for several weeks (St. Louis Post-Dispatch, 11/16).

NPR's "Morning Edition" on Wednesday reported on the arguments in the Missouri Supreme Court case. The segment includes comments from Janet Crepps, an attorney for the Center for Reproductive Rights; Gartner; Susan Klein, spokesperson for Missouri Right to Life; and Missouri state Sen. John Loudon (R), who sponsored the law (Lohr, "Morning Edition," NPR, 11/15). Audio of the segment is available online.

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