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Foes of parental notice law fail to get injunction

They don't convince a U.S. judge they can likely overturn a new state law requiring parents to be told of minor daughters' planned abortions.

TALLAHASSEE - A federal judge on Thursday refused to stop enforcement of a new Florida law that orders doctors to notify parents if their daughters age 17 or younger seek abortions.

U.S. District Judge William Stafford said opponents of the law failed to show they had a good chance of winning a constitutional challenge against it. That's the key threshold that had to be met to win a temporary injunction.

The underlying lawsuit, filed by the Center for Reproductive Rights and the Planned Parenthood Federation of America, is intact and will be argued later.

"We'll live to fight another day," said Janet Crepps, an attorney for the New York-based Center on Reproductive Rights.

Chris Kise, state solicitor general, said he was happy "the expressed public policy of the state of Florida continues to be the law."

The law, which took effect June 30, requires doctors to notify parents 48 hours before performing an abortion on a patient younger than 18 who isn't already married or a mother. If doctors can't reach the parents by phone or in person, they can use certified mail 72 hours in advance.

Doctors can perform the abortion if there's a medical emergency and there's not enough time to notify a parent. The law also lets judges grant waivers based on the patient's best interests, her level of maturity or if she has been a victim of abuse by her parents.

Supporters argue the law is needed to restore the rights of parents to be involved in their children's lives. Parental permission, they point out, is needed for mundane things such as ear-piercing and taking an aspirin at school.

A similar 1999 law was blocked by the courts, which found it violated the privacy provision in the Florida Constitution. But voters last fall approved a constitutional amendment creating an exception to the privacy guarantee.

The lawsuit argues that the new law endangers girls by delaying emergency treatment, which falls short of requirements handed down by the U.S. Supreme Court.

The U.S. Supreme Court will hear a related New Hampshire case this fall, considering whether health exceptions are required in abortion laws requiring parental notification.

In Tallahassee, Stafford listened to lawyers in a 90-minute hearing before saying he would not grant the injunction.

"It is my feeling that the plaintiffs have not met the burden of establishing a substantial likelihood of prevailing on the merits," Stafford said.

Crepps didn't know whether opponents would appeal.

[Last modified July 8, 2005, 01:02:17]