Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: Planned Parenthood v. Owens
Case Number: 99-WM-60, United States District Court, District of Colorado; No. 00-1385, Tenth Circuit Court of Appeals
ACLU Case Number: 1998-20

Description: In this case, ACLU attorneys representing Dr. Warren Hern worked with attorneys representing Planned Parenthood and other abortion providers to challenge the Colorado Parental Notification Act, a ballot initiative approved by Colorado voters on November 3, 1998. It forbids physicians to provide abortions to a pregnant minor without first providing written notice to the minor’s parents and then waiting an additional 48 hours. Although the statute provides a narrow exception in cases where the minor faces “imminent death,” it does not provide an exception in cases when an immediate abortion is necessary to prevent serious damage to the minor’s health. The case was originally filed in state district court in Boulder, and the Defendants exercised their right to remove the case to federal court. In August, 2000, the federal district court granted summary judgment to the plaintiffs and declared the statute unconstitutional. The Tenth Circuit Court of Appeals affirmed that decision on April 17, 2002.

Issues: Reproductive rights; rights of young people

Published Opinions: Planned Parenthood v. Owens, 107 F. Supp. 2d 1271 (D. Colo. 2000); Planned Parenthood v. Owens, 287 F.3d 910 (10th Cir. 2002)

ACLU of Colorado Attorneys: Tim Atkeson, Keri Howe, Mark Silverstein

Additional co-counsel: Louise Melling, Jen Dalven, ACLU Reproductive Freedom Project; Ed Ramey, Kevin Paul

Links to Selected Documents:

ACLU News Release, December 22, 1998, “ACLU, Planned Parenthood, Challenge Dangerous New Parental Notification Law”

Statement of Mark Silverstein, ACLU Legal Director, December 22, 1998

ACLU News Release, February 4, 1999, “ACLU, Planned Parenthood, Announce New Court Order Suspending Enforcement of Colorado Parental Notice Statute Throughout Colorado”

Planned Parenthood v. Owens, 287 F.3d 910 (10th Cir. 2002)