Two judges on the 7th U.S. Circuit Court of Appeals have blocked an Indiana provision that would require parents to be notified before their minor child aborts their baby.
In a 2-1 decision, the court ruled again against the law passed in 2017 after the Supreme Court returned the case to the court of appeals in 2019.
The plaintiff, Planned Parenthood of Kentucky and Indiana, argued that the requirement of parental notification was an undue burden since abortion is legal under the law.
Parents did not need to give consent under the provision, but would still be notified if their child had obtained permission for an abortion through a judge.
Judges David Hamilton and Ilana Rovner agreed that the "burdens a law imposes on abortion access" is greater than the "benefits" provided by parental notice.
The dissenting judge, Michael Kanne, said that the Supreme Court has repeatedly affirmed the constitutional right of parents in such situations.
"Planned Parenthood has failed to show that requiring mature minors to notify their parents that they intend to have an abortion (where a judge has found that avoiding notification is not in their best interests) constitutes an undue burden." said Kanne.
Kanne concluded that the court should "let Indiana exercise its legislative judgment that a parental notification law best serves the interests of its citizens."