The Sixth Circuit today declared facially unconstitutional the "single-petition rule" set forth in ORC 2919.121(C) -- enacted by Ohio House Bill 421 in 1998 -- that limits minors seeking a judicial bypass of the statutory parental-consent requirement to one petition per pregnancy.
If a state requires parental consent before an unemancipated minor may undergo an abortion, the Supreme Court requires the state to provide a judicial or administrative procedure so that the minor woman may bypass the consent requirement upon satisfying certain conditions. See Bellotti v. Baird, 443 U.S. 622, 643-51 (1979); Lambert v. Wicklund, 520 U.S. 292, 295 (1997).
In Cincinnati Women's Services v. Taft, Case No. 05-4174, a panel comprised of Circuit Judges Cole, Gibbons and Rogers held that Ohio's "single-petition rule" constitutes an undue burden under the large-fraction test of Planned Parenthood v. Casey, 505 U.S. 833, 878, 894-95 (1992). But the Court upheld the "in-person rule" requiring women seeking abortions to attend an in-person meeting with a physician, for informed-consent purposes, at least 24 hours prior to receiving the abortion.