Some New Hampshire Democrats Hope To Repeal State Parental Notification Law

Several New Hampshire Democrats on Wednesday after winning the majority in the state Legislature in the election said they would seek to repeal a law (HB 763) that requires physicians in the state to notify by certified letter a parent or guardian of a minor who is seeking an abortion at least 48 hours before performing the procedure, the Foster's Daily Democrat reports (Manning, Foster's Daily Democrat, 11/9). Under the law, parents are barred from forbidding the procedure, and the notification requirement could be bypassed by a judge if a doctor determines that the minor's life is in danger (Kaiser Daily Women's Health Policy Report, 10/5). The law passed in 2003 by six votes in the state House and the one vote in the state Senate (Foster's Daily Democrat, 11/9). Planned Parenthood of Northern New England, the American Civil Liberties Union, the Concord Feminist Health Center, the Feminist Health Center of Portsmouth, N.H., and Manchester, N.H.-based ob-gyn Wayne Goldner in November 2003 filed the lawsuit challenging the constitutionality of the law. U.S. District Judge Joseph DiClerico and the 1st U.S. Circuit Court of Appeals subsequently struck down the entire law. The Supreme Court in January unanimously ruled that the lower courts should not have invalidated the entire measure and ordered lower courts to review the legislative intent regarding exceptions to the law for medical emergencies. DiClerico later this month is expected to either allow enforcement of the law except when the pregnant women's health is at risk or bar enforcement of the entire measure (Kaiser Daily Women's Health Policy Report, 10/5). Democrats in the next legislative session will have a 14 to 10 majority in the state Senate and a 237 to 163 majority in the state House and "could push through a repeal by early spring," according to the Daily Democrat. "[The law] is not something I supported; I didn't think it was necessary, and it wasn't good public policy," state Sen. Lou D'Allesandro (D), who is seeking the Senate presidency, said, adding, "So, let's put this behind us as soon as possible." State Rep. Dan Eaton (D), who is one of four Democrats seeking to become state House speaker, said whoever is elected speaker will call for a repeal of the law. Gov. John Lynch (D), who was not in office when the law passed, opposes the law, and his spokesperson Pam Walsh said he "will look at any legislation that comes forward" (Foster's Daily Democrat, 11/9).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.