State high court limits reach of Missouri abortion consent law

Both sides find victory in the decision curbing doctors' liability under the statute.

By Amy Lynn Sorrel, AMNews staff. June 4, 2007.

Out-of-state doctors no longer risk getting sued under Missouri's parental consent abortion law after the state Supreme Court upheld a narrow application of the statute. In-state doctors also cannot be held liable for giving advice to teens seeking the procedure.

In May the high court clarified the scope of the unprecedented law letting parents sue anyone who would "intentionally cause, aid or assist" their teenage daughters in obtaining an abortion without consent. Neighboring Illinois was a target, said parties on both side of the issue, because it does not have a parental consent or notification law.

Rather than overturn the statute, the high court stopped it at the state border. Justices also unanimously concluded that in Missouri the law "cannot be construed to include protected activities, such as providing information and counseling." But it bans non-speech activities, such as providing money or transportation.

The court also said the law does not impose an undue burden on Missouri minors because they still can ask a court to bypass parental consent, if necessary. The measure went into effect immediately after the ruling.

Planned Parenthood of Kansas and Mid-Missouri challenged the 2005 law, saying it infringed on the First Amendment rights of doctors, family members, clergy or any other adult that minors trust for advice.

Peter Brownlie, the organization's president and CEO, praised the court's decision, saying it allows doctors to continue helping young women with information and counseling about the procedure.