Legislature(1997 - 1998)
02/19/1997 01:54 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 24 PARENTAL CONSENT BEFORE MINOR'S ABORTION CHAIRMAN TAYLOR announced the committee previously held an extensive hearing on SB 24 and delayed passage of the bill from committee until additional information sought by the sponsor and committee members was received. The committee packets contain the information requested, as well as numerous letters from members of the public. MIKE PAULEY , staff to Senator Leman, sponsor of SB 24, discussed three changes made to the proposed committee substitute (0- LS0210\E). On page 2, line 25, language was added to correct a drafting oversight; on page 7, line 22, a new subsection (n) mandates the court system to make available judicial bypass forms and information at all official locations within the State; and the word "woman" was replaced with "minor" throughout the bill as the word "woman" could be perceived to mean an adult female. Mr. Pauley distributed a map that contained the official locations of superior courts, district courts, and magistrates in the State. CHAIRMAN TAYLOR noted the term "woman" could still be found in some areas of the proposed committee substitute. MR. PAULEY explained that word was retained throughout the bill if it was modified by qualifiers, such as an unmarried, unemancipated woman under 18 years of age. SENATOR MILLER moved to adopt CSSB 24(Jud)(0LS0210\E) as the working document before the committee. There being no objection, the motion carried. JUDITH KOEHLER , Senior Legislative Counsel for Americans United for Life (AUL), testified. AUL has been involved in virtually all abortion litigation in the U.S. Supreme Court since, and including, Roe v. Wade in 1972. She has been involved with the 50 states in passing legislation and in litigation through the court decision process. She addressed the federal and state constitutionality of SB 24 and answered specific questions previously raised in House and Senate committee hearings. SB 24 is derived from three U.S. Supreme Court cases: in Hodgeson v. Minnesota, the Court found a two-parent notice law constitutional in 1990; in Ohio v. Akron, the Court affirmed the constitutionality of a one-parent notice bill; and in Casey v. Planned Parenthood in 1992, the Court affirmed a one-parent consent bill. These bills were affirmed out of the Supreme Court's recognition of a state's interest in protecting the health and safety of its minor children, protecting parental involvement in the upbringing of their minor children, and in fostering family unity. SB 24 is consistent with all of the provisions of the Hodgeson, Ohio, and Casey litigation. It includes a judicial bypass that can be found constitutional under that case law; and it includes the provisions that require timely, expedited procedures, and confidentiality for that minor. Because SB 24 is consistent with those provisions, it can be successfully litigated at the federal level. With respect to the Alaska Constitution, Ms. Koehler stated 34 states have either parental consent or notice laws. Only Florida's state law has been struck on privacy grounds. California's parental consent law has been upheld over a state privacy ground challenge; however, that law is still being litigated. Alaska's Supreme Court has never applied the privacy provision in its Constitution to a state abortion law and has made no decision that creates a state constitutional right to abortion. In fact, Alaska also protects parental rights in its Constitution. Ms. Koehler believes SB 24 can be successfully litigated in both federal and state courts. Ms. Koehler provided statistics from five states on teen abortion, pregnancy, and delivery rates before and after parental involvement laws went into effect. Her conclusion, with respect to parental involvement laws, is that those laws effectively changed teenage behavior. In response to testimony by a witness from the Center of Reproductive Law and Policy who said the medical emergency exception in SB 24 is "impermissibly narrow under longstanding federal constitutional precedents," Ms. Koehler stated that is simply not so. In 1992 the U.S. Supreme Court affirmed, in Planned Parenthood v. Casey, a parental consent law in the State of Pennsylvania contained an adequate medical emergency exception. That same provision is contained in SB 24. The judicial bypass procedure in SB 24 is consistent with parental involvement laws in the Minnesota, Ohio and Pennsylvania cases. With respect to the standard of evidence to be used by a judge in the judicial bypass procedure contained in SB 24, Ms. Koehler noted the clear and convincing evidence standard is included in the Ohio law, which was successfully litigated. Ms. Koehler addressed the issue raised by the National Association of Social Workers (NASW) that second trimester abortions among minors are likely to increase with passage of SB 24. While the total number of abortions performed on minors decreased after parental involvement laws were enacted, the number of second trimester abortions remained constant, so that number became proportionally larger. The same argument was used in the Mississippi legislative debate and the statistics did not bear out. Ms. Koehler disputed claims that physicians do not support parental involvement laws. An amicus brief was filed on behalf of the American Association of Physicians and Surgeons in support of the Minnesota law when it was successfully litigated in 1990. That organization is the largest association of private practicing physicians in the U.S., composed of physicians from every state and territory. They are interested, and understand the importance of, involving parents in the medical treatment of minors, particularly in the provision of surgical procedures. Ms. Koehler concluded by saying SB 24, if passed and signed by the Governor, can be successfully litigated and will support the state's interest in preserving a minor's health, parental rights, and fostering family unity. Number 327 SENATOR LEMAN , sponsor of SB 24, responded to comments made by previous witnesses in order to establish a clear record based on facts. The first topic is the effect of parental consent laws on teenage pregnancy. Last week a witness from the Alaska Women's Lobby claimed that SB 24 will not reduce the rate of teenage pregnancy, however he offered no evidence to substantiate his argument. I point out the experience of other states and Ms. Koehler did comment on this, and this information was provided quickly but is probably worth repeating. When Minnesota's parental notice law was in effect from 1981 to 1986, the pregnancy rate for teens age 17 and under declined 20 percent. In addition, the pregnancy rate for teens age 18 and 19 declined by 25.4 percent during the same time period. However, the pregnancy rates in both categories substantially increased between 1975 and 1980, the five year period immediately preceding the enactment of their law. The source of this data is the Minnesota Department of Health. this data was analyzed in a 1991 article in the American Journal of Public Health. The authors concluded (and I quote): "These data suggest that parental notification facilitated pregnancy avoidance in 15-17 year old Minnesota women. Abortion rates declined unexpectedly while birth rates continued to decline in accordance with a long-term trend." The next state is Massachusetts. A study of the parental consent law in Massachusetts shows that the teen pregnancy rate declined nearly 17 percent during the first 20 months the statute was in effect. This study was also published in the American Journal of Public Health, in 1986. I don't have photocopies of that article with me, but we are trying to track down one of good enough quality to make available to the committee. The third state's experience is Nebraska. To my knowledge there has not been a comprehensive study by social scientists on the effects of the Nebraska parental involvement statute which was approved in 1991. However, we do have some data available from the Nebraska Department of Health. There, statistics show that the number of abortions for minors decreased after enactment of the law. At the same time, however, the number of births in Nebraska declined after the law's passage, whereas in the four years before passage, the number of live births increased. So, we see a decrease in teenage abortions in Nebraska after passage of their law, but there is no corresponding increase in live births. This suggests that the real effect is a reduction in the teen pregnancy rates and that is something I believe all who have testified and those on the committee have agreed is common ground. Mr. Chairman, I have the raw data here from the Nebraska Department of Health, which you are free to review and draw your own conclusions. I certainly have drawn mine. The next topic that I want to address is the health effects of abortion. We've already heard a number of people testify about this, and several witnesses, including Dr. Peter Nakamura, who was with us for the hearing in the HESS Committee and the first hearing of the Judiciary Committee, claimed that abortion is a very safe procedure and that carrying a baby to term is actually more dangerous. Mr. Chairman, I'm not a research scientist, nor is Dr. Nakamura I might add, but I am aware of many studies on the health risks of abortion and I have read them. I read several of these and produced a synopsis of some of these studies which I'll also leave with you. These studies were published in the American Journal of Public Health, the Journal of the American Medical Association, and other reputable periodicals. Some of the more typical complications from abortion include infections, hemorrhage, ripping or perforation of the uterus, anesthesia complications, cervical injury, and death. I note that even Dr. Nakamura agreed, when he said that it is common ground that abortion is not safe. There are risks involved with it. The fact that these complications may be rare is of little consolation to the parents of a child who has been victimized in this way. There are many case studies but I will cite one: In 1985 a 13 year old girl in Queens, N.Y., Dawn Ravenell, died as a result of complications from a legal abortion. Her parents were not informed that their daughter was pregnant nor that she was going to undergo an abortion, because New York has no parental involvement law. Dawn's parents filed a lawsuit and were awarded more than $1.2 million. [Source: New York Daily News and New York Post, Dec. 11, 1990.] Let me suggest to the committee that the relative risks of abortion versus childbirth is really an irrelevant question, regarding this legislation. Let me explain. The data I have just presented to the committee indicate that parental involvement laws cause a decrease in both abortions and live births because it causes a reduction in teen pregnancy. It really doesn't make much of a difference who wins the debate about which is safer. Let us agree that there is some health risk involved in both teen abortion and teen childbirth. This bill will cause reductions in both. From a public health standpoint this bill makes good sense. I'm disappointed that this Administration is opposing it. In my mind, Governor Knowles and Dr. Nakamura, the director of the Division of Public Health, should be leading cheerleaders for this effort. They should be joining the nearly 80 percent of Alaskans who support parental involvement regarding abortion decisions for minor girls. I want to touch on the topic of a breast cancer link. I think it's important to do this because last week Dr. Nakamura cited a study, and then he said, "and I hope we finally put this to rest." Well, we haven't put it to rest with such a casual treatment as he gave it, and I wouldn't want this committee to in any way, derive that type of information from his testimony. Dr. Nakamura cited a recent study from Denmark to justify his conclusion. As I previously told you, I'm not a research scientist, although I've research some areas of engineering, but not in medicine. I'm going to limit my remarks to quoting someone who is. Dr. Joel Brind is a Professor of Endocrinology at the Department of Natural Sciences at Baruch College, City University of New York. Dr. Brind is one of the leading researchers in this area. Last October Dr. Brind published a comprehensive review and "meta-analysis" of 23 different studies on breast cancer and abortion. Dr. Brind has stated that the methodology of the Danish study on abortion, which Dr. Nakamura quoted and cited, and breast cancer is highly flawed. I have a five page critique of the Danish study that Dr. Brind prepared, and I would like to submit it also to committee members as part of the record. I'll also point out that since 1957, there have been at least 30 studies done on the issue of an abortion-breast cancer link. Of these studies, 24 have shown an increased risk of breast cancer among women who have had abortions, as opposed to only six that do not show the increased risk. One of the more notable studies on the abortion-breast cancer link was performed not far away from here at Seattle's Fred Hutchinson Cancer Research Center. This study was conducted by Dr. Janet Daling and 3 other scientists in Washington. I also have copies of that study for your perusal. And Mr. Chairman while the breast cancer-abortion link is not something that I believe is foundational to whether the enforcement of parental consent is proper for the State of Alaska, I also believe it is important that we not take testimony that is flawed and accepted as fact in the public record. The next topic that I wish to address is the opinion of health professionals in groups regarding parental consent/parental involvement statutes. There has been considerable discussion about how the medical community views this bill. Critics of the bill and the enforcement of parental consent laws have represented to this committee that medical professionals are largely opposed to parental consent for abortion. I've had several doctors contact me, and based on that testimony, and what I've heard, I do not believe this is true. I believe there are medical professionals who do oppose it and we've heard from some, and we heard from some last year when we were debating SB 105. I think it's fair to say that society as a whole is deeply divided on the issue of abortion and probably because of that there is carryover that muddies the thinking of some people when it comes to a topic that, in my opinion, can be as clear as parental consent for minors. But neither the judiciary or the medical community is immune from these divisions on the topic of abortion. Critics have represented that the American Medical Association opposes parental consent. I'll point out that many medical professionals have arrived at a different conclusion. When the Supreme Court reviewed Minnesota's parental consent law, one of the most effective defenders of the law was the Association of American Physicians and Surgeons, and that was cited in Ms. Koehler's testimony earlier. This is the largest association of private practicing physicians in the United States. This group submitted an amicus brief defending the State's law. The main theme of their brief centered on the effectiveness of the Minnesota law in reducing teenage pregnancies and as I commented earlier, that is a public health goal we can all endorse. I have copies of their brief. It contains charts and graphs that demonstrate the effectiveness of the Minnesota law and we will distribute that also to you. Closer to home, I have received letters from several Alaska doctors who strongly support SB 24. One of these doctors is an obstetrician/gynecologist. I would like to present all of these letters that we have received, at least through this time today, for the Committee's review. At last week's hearing, Senator Parnell touched on the fact that there is an economic interest at play in the abortion controversy. Abortion has regrettably become one of the most common surgical procedures in the United States. It is estimated, including by sources from those within the abortion community themselves, using their own statistics, that more than 35 million abortions have been performed in the United States alone since 1973. Bear in mind that some of the testimony we've heard comes from medical professionals who would be adversely affected economically by the passage of this bill. One final point - at last week's hearing Dr. Nakamura told the Committee that he had a list of, as he said, better than 40 health-related organizations, to use his terms, which oppose parental consent before abortion. With all due respect to Dr. Nakamura, I suggest he is guilty of some exaggeration, probably not unlike many others in this Capitol. But perhaps his is unintentional. About half of the 42 groups on his list cannot be fairly described as health professional organizations. They include such organizations as the American Civil Liberties Union, the National Organization for Women, Zero Population Growth, People for the American Way, Voters for Choice. I could comment on what I think of some of those organizations but I'll refrain. I'll just suggest that they are not organizations that I would call health professional organizations. I have a copy of the list, by the way, we got it from Dr. Nakamura and I'll make that available to you. More importantly, the list Dr. Nakamura provided does not specifically pertain to the issue of parental consent for abortion. The organizations are listed under a statement which reads as follows: "The undersigned organizations OPPOSE mandatory parental consent or notification requirements for teens" - and get this - "receiving services at Title X-funded family planning clinics." The reference is to an attempt made by Congressman Ernest Istook, who is from Oklahoma, to amend the Title X family planning program to require parental consent before services are provided to minors. The effort failed in committee but that is largely irrelevant to the issue of abortion consent because abortions are not performed in Title X clinics, and therefore would have been unaffected by Representative Istook's amendment. To be sure, many of these organizations, especially groups like Voters for Choice, are probably also opposed to parental consent before abortion. But that's not what this list is all about. I believe we have a duty to be accurate in our representations. The next topic is the federal constitutionality of SB 24. Last week several witnesses claimed that the bill, as written, would not withstand a constitutional challenge in the federal courts. Let me suggest that precisely the opposite is true, and Ms. Koehler spoke to that far more eloquently than I could. SB 24 was carefully modelled to conform with other states' statutes that have been tested by the U.S. Supreme Court and found to be constitutional. In fact, the whole purpose of this bill is to add the judicial bypass - the procedure the Supreme Court has said we must have - if our state's parental consent statute is to be enforced. I'd remind you that is existing state law, in statute, except for the bypass. This makes it enforceable. There have been 8 Supreme Court decisions that have upheld the validity of parental involvement statutes. The most recent was Planned Parenthood v. Casey in 1992. I quote from the concurring opinion of Chief Justice Rehnquist in that case: "We think it beyond dispute that a State has a strong and legitimate interest in the welfare of its young citizens, whose immaturity, inexperience, and lack of judgment may sometimes impair their ability to exercise their rights wisely. A requirement of parental consent to abortion, like myriad other restrictions placed upon minors in other contexts, is reasonably designed to further this important and legitimate state interest." I'll comment briefly on the state constitutionality of SB 24. Other objections raised suggest that SB 24 will not withstand a state constitutional challenge because of the "right to privacy" clause in our State's Constitution. Critics have pointed out that the Florida Supreme Court struck down that state's parental involvement law on privacy grounds. However, let me point out that California also has a privacy clause, similar to Alaska's, and in April of last year the California Supreme Court upheld the California statute. A review has been granted in that case, though the issue is not completely settled, as Ms. Koehler also testified to, and of course we do not know what the Alaska Supreme Court will do. We can only guess, but my hope is that they will employ the same reasoning the justices in California used if they have an opportunity to review this. Let me quote to the committee the conclusion of the California court: "We conclude that the judicial bypass is minimally intrusive: it is speedy, informal, and confidential. There is no substantial evidence supporting the trial court's finding that requiring an unemancipated minor to appear before a juvenile court judge for an expedited, informal hearing on these important questions -- even if somewhat intimidating -- poses a gratuitous threat to the physical or emotional well- being or either a mature or an immature unemancipated minor." And that, Mr. Chairman, concludes my testimony in response to that offered by others. I commend this legislation to you. I believe it represents common ground, if ever there is common ground on the issue that even touches on abortion, it would be in the area of parental consent. I believe that it is timely for us to have a law, not only on the books, but one that is enforceable and enforced. The result of that, I believe in the State of Alaska, will be the saving of lives, will be the protection of children and the protection of our families. I commend it to you and suggest you report the bill as quickly as possible. CHAIRMAN TAYLOR informed committee members Dr. Nakamura was attending a meeting and would not be available to testify. SENATOR MILLER moved CSSB 24(JUD) out of committee with individual recommendations and all accompanying fiscal notes. SENATOR ELLIS objected. The motion carried with Senators Miller, Parnell, and Taylor voting in favor, and Senator Ellis opposed.
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