Judge pauses old Nevada law requiring parental notification for minors to get abortion

FILE - People rally in support of abortion rights, May 21, 2019, in Las Vegas. (AP Photo/John Locher, File)

LAS VEGAS (AP) 鈥 A long-dormant Nevada law requiring parents or guardians to be notified before a minor can have an abortion will not take effect this week following a federal judge's ruling.

The 1985 law has never before been enforced in Nevada because of court rulings that found it was unconstitutional based on , the landmark Supreme Court decision that made abortion access a constitutional right for a half century.

The ban on the Nevada's law under a recent federal court order , but abortion rights activists appealed. That led U.S. District Judge Anne Traum to issue an order Friday saying the law won't take effect yet to give Planned Parenthood time to ask the 9th U.S. Circuit Court of Appeals to keep the law unenforceable while it challenges it.

If Planned Parenthood doesn't file its request with the appellate court within seven days of Traum's order, she said the law can be enforced in Nevada. The Associated Press sent emails Monday seeking comment from attorneys for Planned Parenthood.

has argued that the 40-year-old law, despite the reversal of Roe, remains 鈥渦nconstitutionally vague鈥 and that it violates minors鈥 rights to due process and equal protection.

Abortions in are legal until 24 weeks, with exceptions to save a mother鈥檚 life or to protect her health. In November, a ballot question to 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鈥檚 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鈥檚 law, while other states also require consent.

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

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