Judge dismisses lawsuit challenging Missouri parental consent law

A Missouri judge has dismissed a lawsuit challenging the state's parental consent laws, ruling that the plaintiffs did not have standing to challenge the laws.

Key Takeaways:

• A Missouri judge has dismissed a lawsuit that sought to overturn a law requiring parental consent for abortion and a law prohibiting adults from transporting minors out of state for an abortion.

• The judge did not rule on the constitutionality of the laws, but said the plaintiff did not have standing to file the lawsuit.

The Details:

Jackson County Circuit Judge Sarah Castle ruled Tuesday that the plaintiff challenging the law, a nonprofit called Right By You, did not have standing to sue.

Filed last year, the lawsuit sought to overturn the state's law requiring an abortion-minded minor to get consent from at least one parent prior to her abortion. It also challenged the state's law prohibiting an adult who is not the minor's parent from transporting that minor out of state to get an abortion. The lawsuit cited Amendment 3, which established abortion as a constitutional "right," as a reason for both challenges.

According to the Missouri Independent, Castle did not rule on the constitutionality of the laws, but dismissed the lawsuit because Right By You is "fiscally sponsored" by a nonprofit based in California, which means it does not have standing to challenge the Missouri law.

Right By You reportedly "helps young people navigate pregnancy decisions, including by increasing access to and awareness around contraceptives, prenatal care, abortion, parenting and adoption."

In defending the current parental consent laws, Peter Donohue, an assistant attorney general involved in the lawsuit, maintained that the state already has a judicial bypass law in place for minors who may be unable to get parental consent for abortion. He blasted the attempt to eradicate all parental involvement in abortion.

“It’s kind of wild the plaintiffs think that in cases where judicial bypass is insufficient, that they want basically no circumstance in which parents would be notified of their minor children having an abortion, essentially,” Donohue said.

The Bottom Line:

Missouri Attorney General Catherine Hanaway praised the fact that the state's commonsense parental consent laws remain intact... for now.

“Today’s victory ensures that Missouri’s parental consent laws will continue to safeguard young girls, hold abortion providers accountable and uphold the values of Missouri families for generations to come,” she said in a statement.