ND AG: Abortion education law is 'not facially unconstitutional' - KFYR-TV

BISMARCK, N.D. (KFYR) - Attorney General Wayne Stenehjem is telling colleges to follow a controversial law passed last session.

Over the spring, the Legislature passed and Gov. Doug Burgum, R-N.D., partially vetoed a bill which forbids colleges from teaching sex education curriculum featuring abortion.

The State Board of Higher Education requested an opinion from the Attorney General asking if following this law was constitutional.

Many within the academic field said the law infringed on a school’s ability to teach freely.

In his opinion, Stenehjem wrote the law “is not facially unenforceable based on the cited court decisions. I will not opine that a duly enacted statute is unconstitutional unless it is clearly and patently unconstitutional.” Adding the law “should be read to carry out the purpose of the Legislative Assembly in enacting it, while avoiding constitutional conflicts.”

Burgum used the line-item veto to remove misdemeanor charges against any faculty members who did not comply, but left the conditions which banned using state funds to pay for the sex education resources.

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source: https://www.kfyrtv.com/2021/11/04/nd-ag-abortion-education-law-is-not-facially-unconstitutional/

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