People rally in support of abortion rights, May 21, 2019, in Las Vegas. (AP Photo)
A Nevada law requiring parents or guardians to be notified before a minor can undergo an abortion will not take effect this week. This follows a federal judge's recent ruling.
The 1985 Nevada Law in Question
The law, which dates back to 1985, has never been enforced in Nevada. Legal challenges based on the landmark Roe v. Wade decision, which protected abortion rights for over 50 years, kept it dormant. However, with the overturning of Roe in 2022, the law’s ban was set to expire Wednesday, potentially allowing it to take effect.
Judge Blocks Immediate Enforcement of Nevada Law
A last-minute intervention from U.S. District Judge Anne Traum blocked the law from going into effect. Planned Parenthood had appealed, seeking more time to challenge the law. Judge Traum ruled on Friday that the law would remain unenforceable while Planned Parenthood prepares to appeal to the 9th U.S. Circuit Court of Appeals.
Potential Enforcement Depends on Future Action
The judge’s ruling gives Planned Parenthood seven days to submit a formal request to the appellate court. If they do not act within this period, the law will be enforced in Nevada. At the time of writing, Planned Parenthood had not yet commented on the case.
The Law’s Controversial Nature
Planned Parenthood has argued that the 40-year-old law is vague and unconstitutional, violating minors’ rights. They claim it infringes on the rights to due process and equal protection, which are guaranteed under the U.S. Constitution.
Abortion Rights in Nevada
Abortion is legal in Nevada until 24 weeks of pregnancy, with exceptions to protect the mother’s health or life. In November, Nevada voters approved a measure to protect abortion rights in the state constitution. However, this amendment will need a second approval in 2026 before it can be fully enacted.
Parental Notification in Other States
Nevada is one of 36 states that require some form of parental involvement in a minor's abortion decision. While some states only require parental notification, others demand parental consent. Nevada’s law falls into the first category.
A Court-Approved Option for Minors
Nevada’s law does provide an option for minors to bypass parental notification. A minor can seek a court order allowing them to have an abortion without notifying their parents or guardians.
What’s Next?
The legal battle over this law is far from over. As Planned Parenthood prepares its next steps, the future of parental notification for minors seeking abortions in Nevada hangs in the balance. The case will continue to raise critical questions about abortion rights in the post-Roe era.
