Parental Consent for Aiding and Assisting Mandate tfound to be

Daily Record and the Kansas City Daily News-Press, Nov 21, 2005 by Charles Emerick

A new Missouri law that allows civil action against anyone who aids a minor in an abortion without parental consent is constitutional, ruled Jackson County Circuit Court Judge Charles Atwell.

However, Atwell also ordered Thursday an injunction preventing the law's enforcement pending a likely appeal of the ruling to the Supreme Court of Missouri.

The Parental Consent for Aiding and Assisting Mandate was signed into law by Gov. Matt Blunt on Sept. 15. Shortly after its passage, lawsuits were brought in state and federal courts seeking temporary restraining orders and injunctive relief.

Judge Nanette Laughrey entered a temporary restraining order on Sept. 16. Ten days later, Atwell entered a restraining order preventing enforcement of the statute, expressing concern regarding freedom of expression issues that may exist in the wording.

The plaintiffs, Planned Parenthood of Kansas and Mid-Missouri Inc., argued that PCAAM would unconstitutionally infringe upon their ability to provide services for their patients.

They also fear the law could infringe upon the First Amendment by prohibiting consultation of pregnant minors who often seek information about their reproductive options and rights from Planned Parenthood.

The evidence demonstrates that PCAAM has a real potential of reaching clearly protect speech, Atwell wrote in a 28 page opinion.

Conduct limited to the providing of [reproductive rights and options of minors] or counseling would constitute protected speech and a restriction on the same would be constitutionally infirm, he added. Further, counseling or the giving of information would not constitute purposeful conduct as referenced in the proposed narrowing construction.

The plaintiffs also argued the law should be void for vagueness; that it potentially violates the rights of a minor to travel interstate as guaranteed by the Fourteenth Amendment; and that PCAAM violates the equal protection rights of Missouri minors in that they are treated differently in sister states than are minors of those states, specifically Kansas and Illinois.

Abortions are provided in only three counties in Missouri. And, according to Atwell's opinion, many in western Missouri cross the state line and obtain abortions in Kansas, where a minor is not required to receive parental consent, but must either give notice to the parents or receive appropriate court order bypassing the need for judicial notice.

It is said in the sport of baseball that the tie goes to the runner. In the art of statutory construction, a tie goes to the legislature, Atwell said. The final analysis hinges on whether the proposed narrowing instruction saves this statute from the constitutional concerns. The Court considers this inquiry to be a very close call.

In his ruling, Atwell said there will be no investigations or disciplinary action taken until the law is reviewed by a higher court.

Gov. Blunt said the rule reaffirms the value of human life held by Missourians and that he expects Missouri Attorney General Jay Nixon to vigorously defend the law during appeals.

I am pleased with Judge Charles Atwell's decision, but the ruling is not unexpected, Blunt said. I was confident when I signed this good pro-life law that it would withstand Constitutional scrutiny and reduce the number of abortions in our state.