A trial challenge of parental notification prior to minors having abortions, which is required in Alaska by a 2010 voter initiative, began Monday as Planned Parenthood sought to have an Anchorage judge strike the measure down.
In August 2010, voters approved Ballot Measure 2, which stops a minor from getting an abortion without a doctor informing at least one parent in person about the procedure.
During the first day of testimony, Planned Parenthood witness Dr. Philip Darney testified he did not think a minor should be required to involve their parent in any abortion-related decision unless the minor approves.
While the law was set to go into effect in December 2010, Planned Parenthood asked Anchorage Superior Court Judge John Suddock to temporarily block the ruling. Instead, Suddock ruled the measure should stand, but said doctors who did not comply with the law would not face criminal charges.
Last year, Suddock ruled the case could not be thrown out without first hearing evidence. The case is expected to last through Mar. 5, with the state expecting to start presenting its side next week.
At the trial's end, Suddock could issue an opinion ranging from completely restoring the law to its original form to striking it down as unconstitutional.
Alongside the state, Anchorage attorney Kevin Clarkson is representing former Lt. Gov. Loren Leman, who is intervening in the case on behalf of those who signed Ballot Measure 2. Leman says he expects this case to eventually end up before the state Supreme Court.
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