In this case, ACLU attorneys representing Dr. Warren Hern worked with attorneys representing Planned Parenthood and other abortion providers to challenge the Colorado Parental Notification Act, a ballot initiative approved by Colorado voters on November 3, 1998. It forbids physicians to provide abortions to a pregnant minor without first providing written notice to the minor’s parents and then waiting an additional 48 hours. Although the statute provides a narrow exception in cases where the minor faces “imminent death,” it does not provide an exception in cases when an immediate abortion is necessary to prevent serious damage to the minor’s health. The case was originally filed in state district court in Boulder, and the Defendants exercised their right to remove the case to federal court. In August, 2000, the federal district court granted summary judgment to the plaintiffs and declared the statute unconstitutional. Planned Parenthood v. Owens, 107 F. Supp. 3d 1271 (D. Colo. 2000). The Tenth Circuit Court of Appeals affirmed that decision on April 17, 2002. Planned Parenthood v. Owens, 287 F.3d 910 (10th Cir. 2002).
ACLU news releases:
- "ACLU, Planned Parenthood, challenge dangerous new parental notification law," ACLU News Release, December 22, 1998
- Statement of Mark Silverstein, ACLU Legal Director, at ACLU press conference, December 22, 1998
- "ACLU, Planned Parenthood, announce new court order suspending enforcement of Colorado Parental Notice Statute throughout Colorado," ACLU News Release, February 4, 1999
- "Colorado court strikes Parental Notification for Abortion Act," ACLU News Release, August 17, 2000
ACLU case number
1998-20
