In 2005 the Alaska Legislative Council commissioned a pollster to ask state residents their opinion about whether teenage girls should be required to receive a parent's consent before obtaining an abortion. The result: Almost 80 percent of Alaskans endorsed this concept.
We are not surprised. We take it for granted in our society that a parent must consent before a child gets her ears pierced or even receives an aspirin at school. The notion that a non-emergency medical procedure can be performed on a teenager, without a parent even knowing about it, strikes most people as absurd. Yet this is exactly what happens in Alaska: A doctor can perform an abortion on a 16-year old girl, and there is no legal requirement that he or she even inform the girl's parents, much less obtain their consent.
There are 36 states that require parental consent or notice before an abortion can be performed on a minor. Another seven states have enacted these laws, but they are not enforced because of lawsuits or court rulings.
Regrettably, Alaska is one of these seven states. The Legislature approved this law back in 1997. It required girls 16 and under to obtain the consent of one parent, or in some cases the permission of a judge, before having an abortion. Unfortunately, in 2007 the Alaska Supreme Court struck down the law as unconstitutional in a close 3 to 2 vote.
We strongly disagree with the court's reasoning. On the federal level, the U.S. Supreme Court has repeatedly upheld the constitutionality of parental involvement laws for abortion. But the Alaska Supreme Court ruled differently, basing its argument on a controversial interpretation of the Alaska constitution.
One of the dissenting justices in that case, former Chief Justice Warren Matthews, wrote convincingly about why parental involvement in a minor's abortion decision is justified:
"Without a parent's consent [minors] may not become licensed drivers or get married or obtain general medical or dental treatment. Alaska's parental consent/judicial bypass act is in the tradition of these constraints on children's freedoms. ... The act is designed to ensure that each child makes a decision that is best for her."
We believe a law needs to be enacted that will protect the interest of parents, and also to ensure that teenage girls receive wise parental counsel and support at a time when it is most desperately needed.
The group Alaskans for Parental Rights is working through the initiative process to place a parental rights measure on the ballot in the August 2010 statewide election. This measure, if enacted, will require that a parent be notified before their child has an abortion. In order to place this issue on the 2010 ballot, the initiative sponsors need to gather just under 33,000 signatures from registered voters prior to Jan. 15.
It's been reported that the initiative sponsors have gathered about three-quarters of the required signatures - but several thousand more are needed to ensure that Alaskans have the right to decide this important question.
We believe that requiring parental notice before abortion is a common-sense proposal that deserves the support of all Alaskans - regardless of the political party you are affiliated with. That's why we have signed the initiative and urge other Alaskans to do the same. For information on where you can sign, please visit: www.AlaskansForParentalRights.org.
Donny Olson is a Democrat representing Northwest Alaska in the state Senate. Ralph Samuels is a former Republican state representative from Anchorage and is a candidate for governor.
By SEN. DONNY OLSON and RALPH SAMUELS