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EDITORIAL: Parental rights abused by courts


Published: Friday, February 9, 2007 12:45 PM CST
Ever wonder why the ACLU and activist judges rile people? Read on.

THE IDEA THAT parents have the right to exercise authority and judgment over the lives of their children is as old as ... well, mankind. There may be no more sacred right - and obligation - for parents than the one in which they look out for their kids and play a role in their choices.

So why shouldn't that concept apply to abortion?

In Illinois, the battle continues to give parents the right to be notified if a minor child seeks an abortion. And, so far, the wrong side is winning.


IT HAS BEEN more than 20 years since the Illinois General Assembly passed a law requiring parental notification. At that time the Illinois Supreme Court refused to craft procedures to guide judges in the handling of appeals in which girls did not want to inform their parents. Without that, the law could not be enforced, a federal court ruled, backing the ability of the stubborn justices to thwart the people's will simply by doing nothing.

In 1995 the legislature tried again, updating the law. And, again, Supreme Court justices stymied the process.

Last fall, new justices of the Supreme Court reversed course and unexpectedly issued the necessary rules. Illinois Attorney General Lisa Madigan moved to enforce the law.

Lawyers for the American Civil Liberties Union asked the federal court to continue blocking notification. Earlier this week, U.S. District Judge David H. Coar did just that.

So underage girls can still get an abortion in Illinois, and mom and dad have no right to be informed.

TO HER CREDIT, Madigan won't give up and will push for enforcement. Make no mistake, the ACLU won't give up either.

The supposed argument revolves around protecting pregnant girls who may come from abusive homes. They may fear getting a beating. Or, worse, they may even have been sexually abused at home, resulting in the pregnancy.

Of course, girls in such situations need an “out.” They should be able to seek help without putting themselves at risk for further abuse.

But, be realistic. The percentage of pregnancies involving such situations clearly is minuscule. This is just a rare condition being used by abortion rights proponents to block any and all attempts to regulate the procedure.

THIS IS WHY regular folks think the system is broken, and express anger toward activist judges and obstructionist lawyers. The will of the people, the decisions of their elected representatives, can be thwarted by one or a handful of black robes, superimposing their judgment over the majority. What cannot be won at the ballot box - and, increasingly, hard left-wingers don't even try - can be imposed by the courts.

The overwhelming majority of parents just want to know so they can help their daughters deal with a difficult decision. Those rare instances where a girl needs protection from a parent can be managed.

The obstructionism of the courts is outrageous and must be opposed.



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