Reproductive Health Services, et al. v. Strange, et al. (JOINT ASSIGN)
| Reproductive Health Services and June Ayers |
| Luther Strange and Daryl D. Bailey |
| 2:2014cv01014 |
| October 1, 2014 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Susan Russ Walker |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
85
MEMORANDUM OPINION, DECLARATORY JUDGMENT, AND ORDER: it is ORDERED as follows: 1) Plfs' 60 motion for judgment on the pleadings is GRANTED in the manner stated herein as to Count I of the 1 complaint and DENIED as to Counts II, III, and I V; Judgment is due to be entered in favor of the plfs as to Count I of the complaint; 2) Dfts' 63 motion for judgment on the pleadings is DENIED in the manner stated herein as to Count I of the plfs' 1 complaint and GRANTED as to Count II, III and IV; Counts II, III & IV of the plfs' complaint are due to be DISMISSED WITHOUT PREJUDICE; 3) Plfs' 2 motion for a preliminary injunction is DENIED as moot; 4) Plfs' prayer for permanent injunctive relief is due to be DISM ISSED WITH PREJUDICE as moot; 5) Dfts' 73 motion to defer ruling is DENIED as moot; Furthermore, consistent with this memorandum opinion, it is ORDERED, ADJUDGED, and DECREED that the court DECLARES the following: 1) Plfs' challenge to Al abama Code 26-21-4(a) is moot because the parties and the court agree that the plain language of the Act exempts out-of-state minors from the parental consent requirement of Alabama Code 26-21-1 et seq; 2) The following portion of Alabama Code 26-21- 4(c) is constitutional: "The court shall insure that the minor is given assistance in preparing and filing the petition. Such assistance may be provided by court personnel including intake personnel of juvenile probation services. The minor' ;s identity shall be kept confidential, but her identity may be made known to the judge... [and] any appropriate court personnel.... Any person who is given the identity of the minor shall keep her name confidential and shall not give it to any other person[.]" The language of Alabama Code 26-21-4(c) that is not expressly set out above is unconstitutional and unenforceable, and it is severed from the statute; 3) The following provisions of the Act unconstitutionally and impermissibly impose an undue burden on a minor in Alabama who seeks an abortion through a judicial bypass, and they are adjudged to be unenforceable in their entirety: Alabama Code 26-21-4(i), (j),26 and (l); 4) Alabama Code 26-21-4(f) is unconstitutional to the extent that the bypass court is vested with the authority to "issue instanter subpoenas or otherwise permit any party or participant in the hearing to bring before the court admissible evidence or testimony either in support of or against the petition ." Consistent with and in the manner discussed herein, see p. 48-49, infra, that portion of the statute is severed from the remainder; however, the severance in no way restricts the minor petitioner from access to any lawful and available means of meeting her burden of proof on a bypass petition. See Alabama Code 26-21-4(h); 5) Alabama Code 26-21-4(k) is unconstitutional to the extent that it permits any party to a bypass proceeding other than the minor petitioner "to obtain evidence, subpoena witnesses, or to obtain and present any evidence or information which will be necessary and appropriate for the court to make an informed decision." That portion is severed from the remainder of the statute; 6) Because the court holds h erein that the Act unconstitutionally adds parties other than the minor petitioner i.e., the District Attorney, a guardian ad litem for the fetus, and the parent, parents, or legal guardian of the minor petitioner without adequate safeguards to ens ure the minor petitioner's anonymity, the provisions of the Act that allow for any actions to be taken by those additional parties are a nullity. Therefore, Alabama Code 26-21-4(e) & (n) are unconstitutional and unenforceable insofar as those sections permit parties other than the minor petitioner to take actions related to the judicial bypass proceeding, and they are severed from the remainder of the statutes. Signed by Honorable Judge Susan Russ Walker on 7/28/2017. (wcl, )
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