Challenge to Oklahoma's parental notification law thrown out

Thursday, November 4th 2004, 6:06 am
By: News On 6

DENVER (AP) -- A federal appeals court has vacated a lower court's ruling that Oklahoma's abortion parental notification law was unconstitutionally vague.

The 10th US Circuit Court of Appeals dismissed a lawsuit by abortion provider Nova Health Systems on a technicality but did not rule on whether the statute was constitutional.

The Denver-based court ruled Nova did not prove the agencies involved with enforcing the law would be responsible for harm the statute could potentially have on the company.

Nova, the parent company of Reproductive Services in Tulsa, sued the agencies in 2001, arguing the law was an unconstitutional burden on a woman's right to have an abortion.

The lawsuit challenged a section of the law that makes those who perform abortions on minors without parental consent or knowledge liable for the cost of any subsequent medical treatment the minor may require because of the abortion.

A US District Court in Oklahoma ruled in favor of the company, saying it violated a woman's right to an abortion.