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DECISIONS Young’s e-mail address is gyoungnlj.com. reaffirming its decision in In re T.W., the Florida Supreme Court ruled on July 10 that the Parental Notice of Abortion Act is unconstitutional. North Florida Women’s Health & Counseling Services, Inc. v. State, No. SC01-843. Under the Parental Notice of Abortion Act, a minor must notify a parent before undergoing an abortion or must convince a court that she is mature enough to make the decision. When the act became effective on July 1, 1999, women’s clinics, women’s groups and physicians filed for injunctive and declaratory relief to block its enforcement. The trial court found the act unconstitutional and issued a permanent injunction against its enforcement. An intermediate appellate court reversed, determining that the act furthers a compelling state interest. In In re T.W., the Supreme Court held that the Parental Consent for Abortion Act violated Florida’s right of privacy clause and that the state had failed to prove that the act furthered a compelling state interest. Since that case was decided, the Legislature has not changed its treatment of minors in similar situations. Quashing the district court’s decision, the Supreme Court stated that the parental notice act, like the parental consent act, also imposes a significant restriction on a pregnant minor’s right of privacy.

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