New version of parental-consent law expected to be introduced Friday

BOISE – A measure to require minor girls to obtain their parents’ permission before getting an abortion – except in certain circumstances – is expected to be introduced in the Senate State Affairs Committee on Friday.

The concept has passed the Idaho Legislature several times, but each time has been overturned by federal judges.

The new proposal, which mirrors Arizona’s court-tested parental-consent law, would allow girls under 17 to avoid the parental-consent requirement by having a judge sign off on an abortion, said Rep. Bill Sali, R-Kuna and sponsor of the bill.

In addition, no parental consent would be required for abortions performed in the case of a medical emergency or sexual assault.

Sali said the provisions would remedy shortcomings in the previous laws.

In 2005, U.S. District Judge B. Lynn Winmill ruled an earlier Idaho law put an undue burden on a minor’s constitutional right to an abortion because it could have exposed the minor female or her sexual partner to prosecution under the state’s anti-fornication laws.

And in 2004, the 9th U.S. Circuit Court of Appeals ruled that a previous Idaho parental-consent law failed to provide sufficient access to an abortion for minors who needed one for medical reasons.

Sali, who also was behind the previous laws, turned to Arizona’s statute because it’s been upheld by the 9th Circuit.

Sali is one of six Republican candidates for Congress in Idaho’s 1st District.

“To me, it’s not a matter of popularity, it’s a matter of doing what’s right,” he said. “I don’t think minors should be out there navigating this issue with their only help coming from Planned Parenthood.”

In 2004, almost 20 percent of Idaho’s 675 reported pregnancies of women 17 or under ended in an abortion, according to the Idaho Department of Health and Welfare.

At least 35 states have passed laws requiring parents to be notified before a minor’s abortion. They include Utah, which passed a parental-consent law earlier this month.

In the past, the Idaho parental-consent laws have drawn immediate challenges from the American Civil Liberties Union and Planned Parenthood of Idaho.

Both groups said they’re watching the latest effort closely.

“We are concerned that this bill will be run through the Legislature so fast that no one will have a chance to review it,” ACLU attorney Marty Durand said.

Planned Parenthood of Idaho spokeswoman Rory Williamson said her organization opposes any parental-consent bills.