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House OKs repeal of parental notification law, tweaks health care right of conscience law

The State Journal-Register - 10/28/2021

Oct. 28—The Illinois House late Wednesday finalized the General Assembly's repeal of a state requirement that parents of minors seeking abortions be notified at least 48 hours ahead of the procedure.

The 62-51 vote, with three Democrats voting present and two other Democrats not voting, will send House Bill 370 to Gov. JB Pritzker for his expected signature. The Senate approved the bill Tuesday on a 32-22 vote.

Democrats who control the House also muscled through a change in the Illinois Health Care Right of Conscience Act to make it harder for people to cite the act when ignoring COVID-19-related mandates for vaccinations and testing by state government and private employers.

The 64-52 vote on Senate Bill 1169, with two Democrats voting present, to tweak the conscience law, goes to the Senate for concurrence on Thursday, the last scheduled day of the General Assembly's fall veto session.

Both bills would take effect June 1, 2022.

Because Democrats hold supermajorities in both chambers, the bills passed with votes to spare allowing some Democrats to either vote "no" or not vote. No Republicans voted for either piece of legislation.

With another major issue remaining unresolved — redistricting of U.S. House districts in Illinois for elections in 2022 — Democrats late Wednesday released a third proposed new map.

It was unclear whether there would be committee hearings on the outline before votes are taken in the House and Senate, possibly Thursday.

The abortion notification law, passed in 1995 but not taking effect until 2013 because of court challenges, was one of the few remaining restrictions on abortions in Illinois.

House Speaker Emanuel "Chris" Welch, D-Hillside, issued a statement after Wednesday's House vote stating repeal of the law "has been a priority of mine for many years, and I am incredibly proud to see it cross the finish line."

With many states instituting more restrictions on abortion as the U.S. Supreme Court is expected to consider striking down the landmark 1973 Roe v. Wade decision, state Rep. Kelly Cassidy, D-Chicago, who supported the parental notification repeal, said, "Illinois is different, and it's going to stay different.

"In Illinois, we trust women to make decisions about their bodies," she said.

Added Rep. Daniel Didech, D-Buffalo Grove, another supporter of the repeal, "With so many states moving backward, it's time for Illinois to move forward."

House debates on the parental notification repeal and the Right of Conscience Act change were emotional.

Rep. Avery Bourne, R-Morrisonville, became tearful when she said the parental notification law should remain, giving parents notice at least 48 hours before a minor's abortion, to promote communication between parents and children.

She said she worried communication would deteriorate under a repeal, though supporters l said 85% to 90% or more of minors seeking abortions already notify their parents.

Repeal supporters said the minority of females 17 and younger wanting abortions who don't want their parents told have good reasons. They often come from dysfunctional families and fear being abused, kicked out of their homes or forced to carry an unwanted pregnancy to term if their parents learned they plan to get an abortion, according to the American Civil Liberties Union of Illinois.

Repeal sponsor Rep. Anna Moeller, D-Elgin, said the "judicial bypass" option that the law provides for minors wanting to avoid a parent being notified can be burdensome, stressful and sometimes impossible to negotiate.

Opponents of the change to the Right of Conscience Act, which was originally enacted in 1977, said it could pave the way for forced COVID-19 vaccinations of school children. Additionally, opponents said the change could take away the rights of employees to abstain from COVID-19 vaccines and testing they consider a violation of their rights or a potential threat to their health.

Bill sponsor Rep. Robyn Gabel, D-Evanston, said however that the change simply would clarify the legislative intent of the law for courts considering cases involving challenges to COVID-19 mitigation policies of governments and employers.

The original intent of the law was to protect doctors and pharmacists from being forced to take part in health care related to abortion procedures and contraception, she said.

The language in the bill says: "It is not a violation of this Act for any person or public official, or for any public or private association, agency, corporation, entity, institution, or employer, to take any measures or impose any requirements, including, but not limited to, any measures or requirements that involve provision of services by a physician or health care personnel, intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations. It is not a violation of this Act to enforce such measures or requirements. This Section is a declaration of existing law and shall not be construed as a new enactment. ... Nothing in this Section is intended to affect any right or remedy under federal law."

Contact Dean Olsen: dolsen@gannett.com; (217) 836-1068; twitter.com/DeanOlsenSJR.

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