Nevada can enforce dormant 1985 law requiring parental notification of abortion, judge rules

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LAS VEGAS (AP) — A long-dormant 1985 state law in Nevada — requiring parents or guardians to be notified before a minor undergoes an abortion — can be enforced, a federal judge ruled Monday.

U.S. District Court Judge Anne Traum in Nevada said in a written decision that the 40-year-old law can take effect on April 30, but the judge also left open the possibility for abortion rights advocates to seek a court order blocking its reinstatement while they challenge the law’s constitutionality.

The requirement has never before been enforced in Nevada because of a 9th U.S. Circuit Court of Appeals ruling that found it was unconstitutional based on Roe v. Wade. But after the Supreme Court reversed the landmark decision in 2022, stripping away constitutional protections for abortion, a group of district attorneys mostly in rural Nevada sued to restore the 1985 law.

Planned Parenthood argued that the 1985 law, despite the reversal of Roe, remains “unconstitutionally vague” and that it violates minors’ rights to due process and equal protection.

But Traum, who was appointed by President Joe Biden, said in her decision that “whether the statute is unconstitutional for another reason has not been fully litigated nor is that question before the Court in this motion.”

Emailed messages seeking comment Tuesday were left with attorneys for Planned Parenthood.

James Bopp Jr., a lawyer representing some of the district attorneys, told The Associated Press that the law would protect “vulnerable, immature girls from making a decision that has life-altering consequences for themselves.”

Abortions in Nevada are legal until 24 weeks, with exceptions to save a mother’s life or to protect her health. In November, a ballot question to enshrine Nevada’s abortion rights in the state constitution received its first nod of approval from voters, who must also approve the measure in 2026 in order to amend the constitution.

Parental involvement in a minor’s decision to have an abortion is required in 36 states, according to KFF, a nonprofit that researches health care issues. Some states require only parental notification, as is the case with Nevada’s law, while other states also require consent.

Nevada’s law also allows a minor to get a court order authorizing an abortion without first notifying parents or guardians.