State court overrides hospital’s abortion ban
The Alaska Supreme Court recently ruled that a community hospital could not ban the provision of abortions on its premises, finding that such a policy is contrary to the Alaska Constitution.
This means that Valley Hospital in Palmer, AK, can no longer deny women an abortion based on their restrictive policy. The former policy allowed abortions in the hospital only if they were necessary to save a woman’s life, in cases of rape or incest, or if a fetus had a condition that was incompatible with human life. Valley Hospital was the only facility in the state where a woman could get a medically necessary second-trimester abortion. As a result, some women were going to Seattle for second-trimester abortions.1
The suit originally was filed in 1992 by a physician and a local pro-choice group. It is the first decision of the Alaska Supreme Court to apply the state’s privacy amendment to abortion. The ruling proves that the Alaska Constitution’s right to privacy provides greater protection for abortion than the U.S. Constitution because the U.S. Constitution only guarantees a woman the right to choose an abortion, but states may regulate those abortions.
Reference
1. Valley Hospital Association, Inc. v. Mat-Su Coalition for Choice, sp-4906, Supreme Court of Alaska, Nov. 21, 1997. t
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