The Hope Clinic for Women, Ltd., v. Flores

Illinois Supreme Court
Civil Court
Case Number: 
2013 IL 112673
Decision Date: 
July 11, 2013
1st Dist.
Cook Co.
Circuit court affirmed; appellate court affirmed in part and reversed in part.
Parental Notice of Abortion Act of 1995 does not violate state constitutional guarantees of due process and equal protection. The Act is crafted narrowly to achieve its aim of promoting best interests of minors through parental consultation, and thus does not violate state constitutional guarantee of privacy. Seventh Circuit decision is persuasive authority only, and not binding on state courts. Thus, Plaintiff's due process and equal protection claims, under Illinois Constitution, are not barred by collateral estoppel, as Illinois courts, and not federal courts, are arbiters of state law. (FREEMAN, GARMAN, and THEIS, concurring; THOMAS, KILBRIDE, and KARMEIER, specially concurring.)