N.H. abortion law struck down by judge

CONCORD, N.H. – The state plans to appeal a federal judge’s ruling that struck down New Hampshire’s law requiring parental notice before a minor could get an abortion, the state attorney general said this week.

“It’s an important issue that should be reviewed,” by the 1st U.S. Circuit Court of Appeals in Boston, New Hampshire Attorney General Peter Heed said.

Heed said Gov. Craig Benson, a strong backer of the law, supported the decision to appeal. Benson earlier had said he would support legislative efforts to tweak the law to make it pass constitutional muster.

But conservative lawmakers urged Benson to appeal the decision rather than weaken the law.

Benson was not immediately available to comment after Heed announced the decision.

Heed said that court has never ruled on a parental notice law.

“The bottom line is the 1st Circuit has not had a chance to weigh in on the issue and we think they deserve that opportunity,” Heed said.

On Monday, U.S. District Judge Joseph DiClerico in Concord said the law was unconstitutional because it lacked an exception to protect the minor’s health.

DiClerico was unimpressed with the state’s argument that judges could approve abortions in emergencies.

The ruling came two days before the law was to have taken effect.

The law would have required abortion providers to notify at least one parent at least 48 hours before performing an abortion on a minor. The parent would not have had to approve the abortion.

Alternatively, the girl could have asked a judge for permission, which the judge was required to grant if the girl was mature enough or the abortion was in her best interest.

DiClerico’s ruling was in line with other recent federal court decisions on abortion. This summer, the Florida Supreme Court struck down a version there, saying the law violated privacy rights guaranteed by the Florida Constitution. A federal appeals court in Denver last year ruled that a similar Colorado law was unconstitutional because it provided no exceptions for health emergencies.

“The judge clearly has substantial precedent that supports his decision, but we believe there is precedent on our side,” Heed said.

He said he would file the appeal before the Jan. 27 deadline.

Attempts to change the law legislatively would likely have fractured the unusual alliances that helped pass the law by narrow margins last May.

“We should defend it as passed and not change it,” Rep. Fran Wendelboe, R-New Hampton, said before Heed’s decision.

“We didn’t mistakenly forget to put in a health exception,” she said.

“We purposely crafted a bill without an exception, because it would be an open door. It would pretty much mean you would have no parental notice at all. Because who makes the decision about what is a health exception? The abortionist, who is already 100 percent gung-ho to do an abortion,” Heed said.

Wendelboe said the state should appeal to the U.S. Supreme Court, if necessary.