Alaska State Legislature

News From The Senate and House Majorities

Ken Freeman (907) 465-3804
Wendy Lindskoog (907) 465-4582
State Capitol
Juneau, AK 99801
web site: http://www.akrepublicans.org
Actuality line: 1-800-478-6540

Abortion Legislation Withstands Legal Scrutiny

Bill Sponsors Criticize Department of Law Analysis

For Immediate Release: April 24, 1997 Contact: Ken Freeman (907) 465-3804 or Wendy Lindskoog (907) 465-4582

JUNEAU - Responding to concerns over constitutional objections raised by the state Department of Law, Representative Pete Kott and Senator Loren Leman Thursday discussed the reasons for introducing HB 65 and SB 24, and explained why the two bills are fully constitutional under both the Alaska and federal constitutions.

HB 65 seeks to disallow partial-birth abortions and make it a felony for a person to perform a partial-birth abortion, except where necessary to save the life of the mother.

"In the research I have done we have addressed all the constitutional issues and feel that the bill will meet constitutional muster in any subsequent legal challenges in the future," said Kott. "HB 65 mirrors pending federal legislation that was carefully drafted to satisfy all questions of constitutionality."

"All the arguments brought out today by the Attorney General were discussed and resolved in the Committee process and on the House floor," said Kott.

Kott said HB 65 is supported by a majority of Alaskans.

"I hope the Governor looks at the legislative record and public sentiment on this issue before he makes his final determination," said Kott.

SB 24 adds a "judicial bypass" to the existing state statute (AS 18.16.010) which requires parental consent before a minor's abortion. The addition of the bypass makes the statute constitutional, and therefore enforceable.

"All the arguments presented today have been addressed in SB 24. I am confident this bill will become law," said Senator Loren Leman. "This bill is constitutional and good social policy for the State of Alaska."

Leman pointed out that the bill has been bolstered by a recent U.S. Supreme Court decision upholding a similar statute in Montana.

"The Supreme Court has once again affirmed that state laws requiring parental involvement in the abortion decisions of minors are fully constitutional and serve the valid purpose of protecting parental rights," said Leman. "The judicial bypass provision in the Montana statute is virtually identical to that contained in the Alaska legislation. This essentially guarantees our bill, when enacted, will not be struck down on federal constitutional grounds."

"When it comes to the issue of parental involvement with children, most people agree that parents ought to be involved in that decision," said Leman. "Today's announcement was conjured up only to provide cover and justification for a veto that runs counter to where most Alaskans are on this issue."

The "judicial bypass" measure contained in SB 24 allows a judge to provide permission before an abortion can be performed on a minor, as an alternative to securing parental consent. The U.S. Supreme Court has ruled that state parental consent laws must contain the alternative judicial bypass to be held constitutional.

Kott said the partial-birth abortion method, which typically occurs in late-term pregnancies, is an inhumane operation that needs to be stopped.

"While leaving intact the right to all other types of abortion procedures, HB 65 punishes the abortionist but not the mother," said Kott. "Partial-birth abortions are not something that we need in the State of Alaska."

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