Merits of parental notification initiative argued in court

February 25, 2010

Attorney Jeff Feldman argues that the summary offered to petitioners didn't outline the full impact if it were to become law. (Phil Walczak/KTUU-DT)

by Rebecca Palsha
Wednesday, February 24, 2010

ANCHORAGE, Alaska -- An attorney representing Planned Parenthood of Alaska described a ballot initiative as misleading and unclear.

The initiative aims to change the law so that doctors who perform abortions would have to tell a patient's parent if they are under 18.

The initiative is scheduled to go before voters in August.

Planned Parenthood laid out its case in court Wednesday, saying the Lieutenant Governor should not allow the ballot initiative to go before voters.

"It omits very significant details of the burdens that are placed on minors and physicians. It fails to inform voters immediately about the option for court representation. It talks about a minor obtaining a judicial bypass, well I don't think very many lay citizens know what a judicial bypass is or that it necessarily would require that a minor go to court and file a lawsuit in order to obtain relief from the notice requirement, Jeff Feldman, the attorney for Planned Parenthood of Alaska argued.

Feldman argues the initiative doesn't clearly lay out what would happen if the ballot is approved.

"The summary also fails to make clear that the initiative creates the criminal offense for physicians. And I would submit that all these things: The notice provision, the fact that notice has to be provided by a physician, the fact that a physician will go to jail if he does not provide notice exactly the way described. These are in fact main features of the law," Feldman said.

The state says Feldman is arguing nuances, saying the ballot clearly lays out the impacts if it becomes law.

"What they need to know is if this initiative goes on the ballot and it passes: What is the law going to be. That's the main feature of the initiative. What it changed before is just nuance," said Kevin Clarkson, the attorney for the initiative's sponsors.

Supporters of the initiative say 47,000 Alaskan voters agree with their argument and it deserves to go to the voters.

"People are smart in Alaska. They knew exactly what they were signing. Should parents be engaged in medical decisions made by their teenage girls? And the answer was an astounding yes," said Jim Minnery with Alaskans for Parental Rights.

"We're really concerned that this initiative is not being presented to the voters in a fair and clear manner," said Clover Simon with Planned Parenthood of Alaska.

The judge is expected to make a decision sometime before March 17.

Contact Rebecca Palsha at rpalsha@ktuu.com

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