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STATE v. PLANNED PARENTHOOD OF ALASKA

No. S-8580.

35 P.3d 30 (2001)

STATE of Alaska, Appellant, v. PLANNED PARENTHOOD OF ALASKA, Jan Whitefield, M.D., and Robert Klem, M.D., Appellees.

Supreme Court of Alaska.

November 16, 2001.

Attorney(s) appearing for the Case

W.H. Hawley, Jr., Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, James P. Doogan, Jr., Assistant District Attorney, Fairbanks, Cynthia M. Cooper, Deputy Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Joyce E. Bamberger and Jim Kentch, Cooperating Attorneys, Alaska Civil Liberties Union Foundation, Anchorage, and Janet L. Crepps, Center for Reproductive Law & Policy, Simpsonville, SC, for Appellees.

Les Gara, Friedman, Rubin & White, Anchorage, for Amicus Curiae Alaska Chapter of the American Academy of Pediatrics.

Kevin G. Clarkson, Brena, Bell & Clarkson, P.C., Anchorage, for Amicus Curiae Concerned Alaska Parents, Inc.

Paul Benjamin Linton, Northbrook, IL, and Jeffrey D. Troutt, Juneau, for Amicus Curiae Alaska State Legislature.

Before: MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

The state appeals a summary judgment order declaring void, as contrary to the Alaska Constitution's equal protection guarantee, a statute requiring minors to obtain parental consent or judicial authorization before obtaining an abortion. We affirm the superior court's decision on preliminary issues— whether plaintiffs have standing, whether they may properly claim that the statute is...

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