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Judge OKs Fla. Parental Abortion Notification Law
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Friday, July 8, 2005
TALLAHASSEE, Fla. -- A federal judge Thursday refused to stop enforcement of a new Florida law requiring doctors to notify parents 48 hours before performing an abortion on a patient under 18.

U.S. District Judge William Stafford, rejecting a temporary injunction against the parental notification law, said opponents failed to show they had a good chance of winning a constitutional challenge.

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  The lawsuit challenging the law - filed last month by the Center for Reproductive Rights and the Planned Parenthood Federation of America - will be argued later.

"We'll live to fight another day," said Janet Crepps, an attorney for the New York-based Center on Reproductive Rights. She said she didn't know if there would be an appeal.

Christopher Kise, a lawyer for the state, said he was happy "the expressed public policy of the state of Florida continues to be the law." The law took effect June 30.

Under the law, doctors must notify parents by phone, in person or by certified mail before an abortion on a minor. Doctors can perform the abortion if there's a medical emergency, however.

The law also lets judges grant waivers based on the patient's best interests, her level of maturity or if she has been a victim of parental abuse.

Supporters argue the law is needed to restore the rights of parents to be involved in their children's lives. The lawsuit argues the law endangers girls by delaying emergency treatment.

A similar 1999 law was blocked by the courts, which found it violated the privacy provision in the Florida Constitution. Voters last fall approved a constitutional amendment creating an exception to the privacy guarantee.

The Supreme Court will hear a related New Hampshire case this fall, considering whether health exceptions are required in abortion laws requiring parental notification.

© 2005 The Associated Press

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