HCR186

HOUSE OF REPRESENTATIVES	H.C.R. NO.	186
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

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HOUSE CONCURRENT

RESOLUTION

 

REQUESTING A STUDY ON ISSUES RELATED TO PARENTAL NOTIFICATION and consent laws relating to the right of minors TO OBTAIN AN ABORTION IN HAWAII.

 

 

WHEREAS, in general, under common law theory, a minor must obtain parental consent before receiving medical treatment; and

WHEREAS, the federal constitutional right to privacy, a right emanating from the penumbra of the guarantees of the Bill of Rights, has been held to include the right to choose an abortion; and

WHEREAS, in the case of Planned Parenthood of Central Missouri v. Danforth, the United States Supreme Court agreed that the right to choose an abortion also applied to minors, but permitted the state to place some conditions on exercising that right that were not applicable to adults, leading to some states developing parental notification or parental consent laws; and

WHEREAS, it is unclear whether similar restrictions would be constitutional in Hawaii as our state constitutional right of privacy has been held to be, in some cases, more expansive than the federal right; and

WHEREAS, the Hawaii Health Systems Corporation single-handedly attempted to resolve this uncertainty by prohibiting abortion procedures to be performed on minors in the absence of parental consent; and

WHEREAS, this hasty decision raised considerable criticism for its lack of public input, lack of statutory authorization, and potential unconstitutionality, and was quickly reversed; and

WHEREAS, before any further actions are taken to restrict a minor's right to an abortion, a legal analysis should be performed to determine what actions are and are not permissible by the State; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Legislative Reference Bureau is requested to study the following issues related to a minor's right to obtain an abortion in Hawaii:

(1) Identify what the current state of the law is in Hawaii in regard to a minor's right to obtain an abortion;

(2) Whether a parental notification or consent statute in Hawaii would be constitutional, and if so, the nature, scope, and extent of such a statute;

(3) Researching what other states have done in this area, particularly Minnesota;

(4) The negative effects or unintended consequences of instituting parental notification or consent laws in Hawaii; and

(5) If a parental notification or consent law was to be adopted in Hawaii, the possible appeal processes for minor women who are unable to access or obtain parental consent;

and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit its findings and conclusions, including any recommended legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau.

 

 

	OFFERED BY:	_____________________________

Report Title:

Abortion; Parental Notification/Consent Requirements; Minors