Nevada’s 1985 parental notification law for minors seeking abortions will finally take effect after a 40-year court injunction was lifted, setting the stage for a potential clash with the state’s pending “Reproductive Freedom Amendment.”
Quick Takes
- A federal judge has lifted a 40-year injunction on Nevada’s 1985 parental notification law for minors seeking abortions, allowing it to take effect April 30
- The law requires parents to be notified when minors seek abortions, with options for judicial bypass in special circumstances
- The injunction was removed following the Supreme Court’s Dobbs decision that overturned Roe v. Wade
- The law may face challenges from the “Reproductive Freedom Amendment,” which passed its first vote and could be added to Nevada’s constitution in 2026
- Supporters argue the law protects parents’ rights and vulnerable minors, while opponents claim it violates reproductive autonomy
Law Revived After Four Decades
Nevada’s 1985 law requiring parents to be notified when a minor seeks an abortion will finally be enforced beginning April 30, following a federal court decision to lift a 40-year injunction. U.S. District Court Judge Anne Traum ruled that the injunction is no longer legally valid following the Supreme Court’s 2022 Dobbs decision that overturned Roe v. Wade. The law has remained dormant since its passage nearly four decades ago due to a federal injunction upheld by the 9th Circuit Court of Appeals.
Under the soon-to-be-enforced legislation, physicians must notify parents at least 48 hours before performing an abortion on a minor. The law includes provisions for a judicial bypass option in cases where notifying parents might endanger the minor. Nevada now joins 36 other states that require some form of parental involvement when minors seek abortions, with 27 of those states requiring parental consent rather than just notification.
Legal Basis for Lifting the Injunction
The legal battle to enforce the law gained momentum after the Supreme Court’s landmark Dobbs v. Jackson Women’s Health Organization decision in 2022. Several Nevada district attorneys argued for lifting the injunction, leading to a lawsuit filed in December 2023. Judge Traum’s ruling emphasized that the original legal foundation for the injunction had been eliminated by the Dobbs decision.
“Defendants do not need to show that the decision in Dobbs has made the injunction more onerous, unworkable, or detrimental to the public interest. Defendants must only show that continued enforcement would be inequitable because a change in law has eliminated the basis for the [injunction],” wrote U.S. District Court Judge Anne Traum in her ruling.
The case could still be appealed to the 9th Circuit Appellate Court, potentially delaying implementation. Planned Parenthood has argued that the law is “unconstitutionally vague” and violates equal-protection rights, though these issues were not central to the current ruling.
Parental Rights vs. Reproductive Freedom
Supporters of the law argue it protects both minors and parental rights. Conservative lawyer James Bopp, who represented the district attorneys in the case, emphasized the importance of parental involvement in these significant decisions. The law’s revival comes as Nevada has experienced a 49% increase in abortions since 2020, partly attributed to restrictions in neighboring states like Arizona and Utah.
“We thought it was really important that this law protecting minors, who are too immature to make their own decision regarding abortion, would obtain parental involvement in that decision. That protects minors, and it protects the rights of parents to raise their children, so there are very important interests at stake,” said James Bopp.
Many pro-family advocates view parental notification requirements as crucial safeguards that can help identify and prevent potential sexual abuse situations where adults might attempt to conceal evidence by arranging abortions for minors. Critics of the requirement argue it may create barriers for vulnerable teens in difficult family situations.
Potential Constitutional Conflict Ahead
The revival of the parental notification requirement comes as Nevada voters recently approved the first round of voting for the “Reproductive Freedom Amendment” to the state constitution. This amendment, which needs another successful vote in 2026 to be enacted, would establish a state-level constitutional right to make pregnancy-related decisions, including abortion access up to the point of fetal viability.
The amendment would prohibit penalties for pregnancy outcomes including miscarriage, stillbirth, or abortion, and allows regulation of abortion only after fetal viability, with exceptions for protecting a mother’s life or health. While the amendment’s language doesn’t explicitly address parental notification, legal experts suggest it could potentially be interpreted to override such requirements.
Nevada currently permits abortions up to 24 weeks of pregnancy, or later if the woman’s life is at risk. The state has become a destination for women from neighboring states with stricter abortion laws. The implementation of the parental notification law may add a new dimension to Nevada’s abortion landscape at a time when states nationwide are redefining their positions following the Dobbs decision.
