Republicans Resume Fight for Parental Rights

Parental Notification Bill Receives Public Hearing

Concord—House Republicans today began their attempt to return parental notification to the state’s law books by voicing their strong support for HB 1495 at a public hearing in Concord.  The legislation would restore the parental notification law and add a medical emergency exception.  It would also afford the pregnant minor 24-hour access to a judge for waiver of notification.

The state’s parental notification law was repealed last session by Democrats who had argued that the law was unconstitutional.  According to Rep. Fran Wendelboe (r-New Hampton ), the prime sponsor of HB 1495, the US Supreme Court did not rule the parental notification law unconstitutional.  “They vacated the federal decision and remanded it to the federal court to issue a declaratory judgment to allow the law to go into effect with an injunction only in the area the US Supreme Court felt inadequate—a specific emergency health exception instead of the implied competing harms protection,” said Wendelboe.  The Supreme Court was also able to establish legislative intent.

HB 1495 explicitly and clearly addresses each of those issues.  The legislation is not about a right to an abortion and in no way endangers Roe v. Wade.  Every case dealing with parental involvement laws have specifically stated that the basic tenets of Roe are not impacted.  To quote the justices: 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.”

“At the heart of the issue,” reminded Wendelboe, “are parental rights.  Do we really think so little of NH parents that we would stand between them and their daughter?” 

Rep Gene Chandler (r-Bartlett), the Republican Policy Advisor called it an issue of parental rights and not abortion rights. “I have always taken the position that, no matter how one may feel about the abortion issue, this is about parental rights and obligations.  If a 15-year old is in an accident and needs surgery, parental consent is required.  Why would it be any different when it comes to something as serious as performing an abortion?”

House Republican Leader Mike Whalley (r-Alton) called upon the governor to support the legislation based on his earlier position.  “Governor Lynch had indicated that he could support a parental notification bill if it met constitutional muster,” said Rep. Whalley.  “Rep. Wendelboe’s bill clearly meets the governor’s criteria and I hope that will now join with us in returning these rights to the parents of NH.”

Currently there are 42 states that have passed parental involvement laws.  New Hampshire restricts our youth on smoking, drinking, driving access, seat belts, and bicycle helmets—all because they are too young to understand the dangers or are too influenced by peer pressure.  We require parental involvement in tattoos, ear piercing, tanning and the administration of medication.  “It seems somewhat ludicrous to support legislation preventing a parent from receiving notice of their child having a surgical procedure that could have serious physical or emotional consequences,” concluded Wendelboe. “This bill is fully constitutional and preserves the rights of parents and those of our teen-aged girls consistent with the Roe v. Wade decision.”

-30-