bellotti
baird
argued
march
decided
july
together
hunerwadel
baird
et
also
appeal
massachusetts
statute
governs
type
consent
including
parental
consent
required
abortion
may
performed
unmarried
woman
age
appellees
abortion
counseling
organization
president
medical
director
several
unmarried
women
pregnant
time
brought
class
action
appellant
attorney
general
district
attorneys
claiming
statute
violates
due
process
equal
protection
clauses
fourteenth
amendment
temporary
restraining
order
entered
prior
effective
date
statute
thereafter
district
held
statute
unconstitutional
creating
parental
veto
performance
abortions
minor
children
applied
even
minors
capable
giving
informed
consent
permanently
enjoined
operation
denying
implication
appellants
motion
abstain
deciding
issue
pending
authoritative
construction
statute
massachusetts
judicial
district
decision
massachusetts
enacted
statute
dealing
consent
minors
medical
procedures
abortion
sterilization
appellees
raised
additional
claim
impermissible
distinction
consent
procedures
applicable
minors
area
abortion
statute
consent
required
statute
regard
medical
procedures
held
district
abstained
deciding
constitutional
issue
certified
massachusetts
judicial
appropriate
questions
concerning
meaning
statute
procedure
imposes
pp
abstention
appropriate
unconstrued
state
statute
susceptible
construction
state
judiciary
might
avoid
whole
part
necessity
federal
constitutional
adjudication
least
materially
change
nature
problem
harrison
naacp
pp
statute
susceptible
appellants
interpretation
prefers
parental
consultation
consent
permits
minor
capable
giving
informed
consent
obtain
order
allowing
abortion
without
parental
consultation
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even
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incapable
giving
informed
consent
obtain
abortion
order
without
parental
consultation
shown
abortion
best
interests
interpretation
avoid
substantially
modify
federal
constitutional
challenge
statute
pp
regard
claim
impermissible
discrimination
due
statute
appropriate
district
also
certify
question
concerning
statute
extent
procedures
differ
procedures
required
statute
pp
blackmun
delivered
opinion
unanimous
stephen
rosenfeld
assistant
attorney
general
massachusetts
argued
cause
appellants
brief
francis
bellotti
attorney
general
pro
se
michael
eby
garrick
cole
assistant
attorneys
general
brian
riley
argued
cause
pro
hac
vice
appellant
brief
thomas
mcmahon
thomas
russell
roy
lucas
argued
cause
filed
brief
appellees
cases
justice
blackmun
delivered
opinion
litigation
district
district
massachusetts
enjoined
operation
certain
provisions
massachusetts
statute
govern
type
consent
required
abortion
may
performed
unmarried
woman
age
acting
denied
implication
motion
appellants
abstain
deciding
issue
pending
authoritative
construction
statute
judicial
massachusetts
hold
abstained
vacate
judgment
remand
cases
certification
relevant
issues
state
law
judicial
abstention
pending
decision
tribunal
august
general
massachusetts
legislature
governor
veto
enacted
legislation
entitled
act
protect
unborn
children
maternal
health
within
present
constitutional
limits
act
mass
acts
resolves
amended
mass
laws
registration
certain
professions
occupations
adding
section
provides
mother
less
eighteen
years
age
married
consent
mother
parents
required
one
mother
parents
refuse
consent
consent
may
obtained
order
judge
superior
good
cause
shown
hearing
deems
necessary
hearing
require
appointment
guardian
mother
one
parents
died
deserted
family
consent
remaining
parent
sufficient
parents
died
deserted
family
consent
mother
guardian
person
duties
similar
guardian
person
assumed
care
custody
mother
sufficient
commissioner
public
health
shall
prescribe
written
form
consent
form
shall
signed
proper
person
persons
given
physician
performing
abortion
shall
maintain
permanent
files
nothing
section
shall
construed
abolishing
limiting
common
law
rights
person
persons
relative
consent
performance
abortion
purposes
civil
action
injunctive
relief
section
twelve
ii
october
one
day
prior
effective
date
act
plaintiffs
appellees
filed
action
district
district
massachusetts
asserting
jurisdiction
claiming
violates
due
process
equal
protection
clauses
fourteenth
amendment
sought
injunctive
declaratory
relief
requested
empaneling
pursuant
october
single
district
judge
issued
order
temporarily
restraining
enforcement
requirement
accepting
request
record
doc
plaintiffs
classes
purported
represent
william
baird
citizen
new
york
parents
aid
society
massachusetts
corporation
baird
president
corporation
director
chief
counselor
center
operates
boston
purpose
providing
inter
alia
abortion
counseling
services
baird
parents
aid
claim
represent
abortion
centers
administrators
massachusetts
regular
recurring
basis
deal
pregnant
minors
app
mary
moes
ii
iii
iv
four
minors
age
pregnant
time
filing
suit
residing
massachusetts
alleged
wished
terminate
pregnancy
wish
inform
either
parents
moes
claimed
represent
pregnant
minors
capable
willing
give
informed
consent
abortion
decline
seek
consent
parents
required
app
gerald
zupnick
physician
licensed
practice
massachusetts
medical
director
center
operated
parents
aid
claims
represent
physicians
massachusetts
without
parental
consent
see
minor
patients
seeking
abortions
ibid
defendants
action
appellants
hereinafter
referred
appellants
attorney
general
massachusetts
district
attorneys
counties
commonwealth
appellant
hereinafter
referred
jane
hunerwadel
resident
citizen
massachusetts
parent
unmarried
minor
female
childbearing
age
hunerwadel
permitted
district
intervene
defendant
behalf
others
similarly
situated
app
november
appellants
filed
motion
dismiss
summary
judgment
arguing
inter
alia
district
abstain
deciding
issue
case
memorandum
support
motion
appellants
addition
arguments
urged
particularly
view
provision
susceptible
construction
state
courts
avoid
modify
alleged
federal
constitutional
question
record
doc
cited
railroad
pullman
lake
carriers
assn
macmullan
proposition
unconstrued
state
statute
susceptible
constitutional
construction
federal
abstain
deciding
constitutional
challenge
statute
definitive
state
construction
obtained
district
held
hearings
motion
preliminary
injunction
later
merged
trial
merits
received
testimony
various
experts
parties
case
including
mary
moe
april
district
divided
vote
handed
decision
holding
unconstitutional
void
supp
order
entered
declaring
portions
chapter
insofar
make
specific
reference
thereto
void
enjoining
defendants
enforcing
app
jurisdictional
statement
pp
majority
held
inter
alia
appellees
mary
moe
doctor
zupnick
parents
aid
standing
challenge
operation
statute
individually
representatives
proposed
classes
standing
represent
interests
parents
unmarried
minor
women
childbearing
age
found
substantial
number
females
age
capable
forming
valid
consent
viewed
overall
question
whether
state
permitted
restrain
free
exercise
consent
extent
endeavored
regard
meaning
majority
made
following
comments
statute
purport
require
simply
parents
notified
given
opportunity
communicate
minor
chosen
physician
others
mention
obvious
fact
persistence
defendants
intervenor
arguing
legislature
properly
enact
statute
whether
us
reason
considering
statute
exclude
capable
forming
intelligent
consent
applies
minors
statute
provision
calling
minor
consent
recognizes
least
minors
consent
minor
consent
must
supplemented
every
case
either
consent
parents
order
statute
purport
simply
provide
check
validity
minor
consent
wisdom
decision
standpoint
interests
alone
rather
recognizes
provides
rights
parents
independent
hence
potentially
variance
personal
interests
dissent
seemingly
opinion
reviewing
superior
judge
consider
interests
minor
find
room
statute
limited
interpretation
parents
must
consulted
given
veto
majority
found
instant
situation
unlike
others
parents
interests
often
adverse
minor
specifically
rejecting
contrary
result
planned
parenthood
central
missouri
danforth
supp
ed
mo
see
ante
concluded
even
found
parents
may
rights
constitutional
dimension
child
separate
child
find
present
area
individual
rights
minor
outweigh
rights
parents
must
protected
important
however
dissent
view
statute
differed
markedly
interpretation
adopted
majority
dissent
stated
find
therefore
conceivable
constitutional
objection
legislation
providing
case
pregnant
minor
additional
condition
designed
make
certain
receive
parental
judicial
guidance
counselling
abortion
requirement
consent
parents
ensures
parents
provide
counselling
guidance
according
best
judgment
statute
expressly
provides
parents
refusal
consent
final
statute
expressly
gives
state
courts
right
make
final
determination
state
courts
find
minor
mature
enough
give
informed
consent
abortion
adequately
informed
nature
abortion
probable
consequences
must
assume
courts
enter
necessary
order
permitting
exercise
constitutional
right
abortion
majority
speculate
concerning
possible
interpretations
good
cause
shown
language
also
doubt
whether
statute
requires
consent
one
parents
construction
statute
matter
state
law
majority
believe
constitutional
infirmities
arise
interpretation
statute
majority
certify
questions
state
law
judicial
massachusetts
pursuant
rule
order
receive
definitive
interpretation
statute
iii
appellants
attack
district
majority
decision
number
grounds
argue
inter
alia
way
properly
preserves
primacy
family
unit
reinforcing
role
parents
fundamental
decisions
affecting
family
members
district
erred
failing
join
moe
parents
abused
discretion
failing
appoint
guardian
ad
litem
erred
finding
statute
facially
invalid
capable
construction
withstand
constitutional
analysis
interpretation
placed
statute
appellants
importance
merits
attention
officials
charged
enforcement
statute
appellants
assert
first
statute
parental
consent
may
refused
basis
concerns
exclusively
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indeed
competing
parental
right
consists
exclusively
right
assess
independently
minor
child
serve
child
best
interest
operation
parents
actual
deliberation
must
range
pregnant
adult
making
abortion
decision
brief
appellants
superior
review
ensure
parental
objection
based
upon
considerations
operate
bar
minor
abortion
see
also
brief
second
appellants
argue
last
paragraph
preserves
mature
minor
rule
massachusetts
child
determined
capable
giving
informed
consent
allowed
appellants
argue
rule
pregnant
minor
file
complaint
superior
seeking
authorization
abortion
mportantly
complaint
filed
regardless
whether
parents
consulted
withheld
consent
brief
appellants
emphasis
original
tr
oral
arg
appellants
assert
procedure
employed
structured
speedy
nonburdensome
ensure
anonymity
brief
appellants
brief
tr
oral
arg
finally
appellants
argue
judge
superior
may
permit
abortion
without
parental
consent
minor
incapable
rendering
informed
consent
provided
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cause
shown
brief
appellants
good
cause
includes
showing
abortion
minor
best
interests
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painted
respective
appellants
statute
prefers
parental
consultation
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mature
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capable
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burden
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without
parental
consultation
permits
even
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incapable
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informed
consent
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order
without
parental
consultation
showing
abortion
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interests
statute
thus
read
fundamentally
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veto
appellees
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entirely
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argue
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case
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incapable
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parents
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abortion
appellees
specifically
object
abstention
objection
based
upon
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statute
gives
parents
minors
unbridled
veto
brief
appellees
veto
exercised
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burden
proving
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judge
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view
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judge
choose
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rights
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woman
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parents
established
statute
ibid
assuming
good
cause
broader
meaning
appellees
argue
hearing
makes
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unconstitutional
burden
imposes
delay
entails
ibid
iv
deciding
case
need
go
claim
district
abstained
pending
construction
statute
massachusetts
courts
held
numerous
occasions
abstention
appropriate
unconstrued
state
statute
susceptible
construction
state
judiciary
might
avoid
whole
part
necessity
federal
constitutional
adjudication
least
materially
change
nature
problem
harrison
naacp
see
also
colorado
river
cons
dist
carey
sugar
kusper
pontikes
lake
carriers
assn
macmullan
zwickler
koota
railroad
pullman
accept
appellees
assertion
judicial
massachusetts
inevitably
interpret
statute
create
parental
veto
require
superior
act
best
interests
minor
impose
undue
burdens
upon
minor
capable
giving
informed
consent
planned
parenthood
central
missouri
danforth
today
struck
statute
created
parental
veto
ante
time
however
held
requirement
written
consent
part
pregnant
adult
unconstitutional
unless
unduly
burdens
right
seek
abortion
case
concerned
statute
directed
toward
minors
unquestionably
greater
risks
inability
give
informed
consent
without
holding
requirement
hearing
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burden
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mature
adult
cf
doe
rampton
supp
utah
think
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instant
litigation
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appellants
interpretation
least
materially
change
nature
problem
appellants
claim
presented
harrison
naacp
whether
judicial
interpret
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whether
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require
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impose
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create
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need
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point
review
consent
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cause
case
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becomes
unduly
burdensome
sufficient
statute
susceptible
interpretation
offered
appellants
find
interpretation
avoid
substantially
modify
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constitutional
challenge
statute
clearly
indeed
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construction
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define
precisely
constitutional
question
presented
appellees
also
raise
however
claim
impermissible
distinction
consent
procedures
applicable
minors
area
abortion
consent
required
regard
medical
procedures
issue
come
fore
advent
massachusetts
statute
enacted
subsequent
decision
district
dealing
consent
minors
medical
procedures
abortion
sterilization
hold
today
planned
parenthood
however
distinction
abortion
procedures
forbidden
ante
constitutionality
distinction
depend
upon
degree
justification
constitutional
issue
defined
however
degree
distinction
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procedure
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procedures
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procedures
established
nature
consent
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established
circumstances
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stay
hand
extent
challenge
directly
burdens
created
statute
finally
note
judicial
massachusetts
adopted
rule
issue
interpretation
massachusetts
law
may
certified
directly
prompt
resolution
mass
rules
sup
jud
rule
often
remarked
equitable
practice
abstention
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considerations
delay
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application
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rise
lake
carriers
assn
macmullan
quoting
england
medical
examiners
see
kusper
pontikes
also
noted
however
availability
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course
long
run
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energy
resources
helps
build
cooperative
judicial
federalism
lehman
brothers
schein
utilized
certification
procedures
past
courts
appeals
ibid
cases
cited
therein
nn
importance
speed
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manifest
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availability
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analysis
light
disapproval
parental
veto
today
planned
parenthood
must
assume
lower
massachusetts
courts
called
upon
enforce
statute
pending
interpretation
judicial
impose
serious
barrier
insofar
issue
thus
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total
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hold
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massachusetts
appropriate
questions
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procedure
imposes
regard
claim
impermissible
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statute
claim
raised
district
subject
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believe
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vacated
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remanded
proceedings
consistent
opinion
ordered
footnotes
repealed
consequently
due
legislative
oversight
massachusetts
two
statutes
denominated
two
denominated
chapter
opinion
however
concerns
legislation
section
except
emergency
requiring
immediate
action
abortion
may
performed
sections
twelve
weeks
twelve
weeks
unless
written
informed
consent
proper
person
persons
delivered
physician
performing
abortion
set
forth
section
twelve
abortion
thirteenth
week
pregnancy
performed
hospital
duly
authorized
provide
facilities
general
surgery
except
emergency
requiring
immediate
action
abortion
may
performed
section
twelve
unless
performed
hospital
duly
authorized
provide
facilities
obstetrical
services
section
provides
pertinent
part
person
willfully
violates
provisions
sections
twelve
twelve
shall
punished
fine
less
one
hundred
dollars
two
thousand
dollars
section
attorney
general
person
whose
consent
required
either
pursuant
section
twelve
common
law
may
petition
superior
order
enjoining
performance
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may
performed
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provisions
sections
twelve
twelve
unless
statute
declared
emergency
may
made
subject
referendum
petition
law
passed
general
take
effect
earlier
ninety
days
become
law
mass
const
art
referendum
pt
temporary
restraining
order
injunction
subsequently
issued
jurisdictional
statement
pp
app
provisions
yet
effective
complaint
originally
filed
named
mary
moe
mary
moe
ii
pregnant
minor
plaintiffs
affidavits
concerning
status
attached
app
thereafter
november
affidavits
executed
mary
moe
iii
mary
moe
iv
motion
certify
plaintiffs
classes
filed
december
refers
four
mary
moes
similarly
district
referred
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four
mary
moes
named
action
supp
record
disclose
mary
moes
iii
iv
added
parties
plaintiff
event
mary
moes
ii
iii
iv
dismissed
suit
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adduce
evidence
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appealed
ruling
way
mary
moes
iii
iv
entered
case
therefore
concern
us
note
fact
pregnancy
mary
moe
terminated
abortion
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entered
district
way
moots
case
roe
wade
also
permitted
intervene
defendants
kathleen
roth
others
parents
situated
similarly
hunerwadel
jane
doe
anonymous
parent
pregnant
unmarried
minor
district
dismissed
intervenors
except
hunerwadel
failure
adduce
facts
necessary
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standing
technically
dismissed
intervenors
appealed
might
well
classified
appellees
rule
status
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cases
regard
appellee
baird
majority
stated
light
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plaintiffs
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place
thereof
following
section
section
physician
dentist
hospital
shall
held
liable
damages
failure
obtain
consent
parent
legal
guardian
person
custody
control
minor
child
spouse
patient
emergency
examination
treatment
including
blood
transfusions
delay
treatment
endanger
life
limb
mental
patient
minor
may
give
consent
medical
dental
care
time
care
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married
widowed
divorced
ii
parent
child
case
may
also
give
consent
medical
dental
care
child
iii
member
armed
forces
iv
pregnant
believes
pregnant
living
separate
apart
parent
legal
guardian
managing
financial
affairs
vi
reasonably
believes
suffering
come
contact
disease
defined
dangerous
public
health
pursuant
section
six
chapter
one
hundred
eleven
provided
however
minor
may
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care
relates
diagnosis
treatment
disease
consent
shall
granted
subparagraphs
ii
vi
inclusive
abortion
sterilization
consent
given
section
shall
subject
later
disaffirmance
minority
consent
parent
legal
guardian
shall
required
authorize
care
notwithstanding
provisions
law
parent
legal
guardian
shall
liable
payment
care
rendered
pursuant
section
unless
parent
legal
guardian
expressly
agreed
pay
care
physician
dentist
hospital
clinic
infirmary
shall
liable
civilly
criminally
obtaining
consent
parent
legal
guardian
render
medical
dental
care
minor
time
care
rendered
person
facility
relied
good
faith
upon
representations
minor
legally
able
consent
treatment
section
ii
relied
good
faith
upon
representations
minor
eighteen
years
age
information
records
kept
connection
medical
dental
care
minor
consents
thereto
accordance
section
shall
confidential
minor
physician
dentist
shall
released
except
upon
written
consent
minor
proper
judicial
order
physician
dentist
attending
minor
reasonably
believes
condition
said
minor
serious
life
limb
endangered
physician
dentist
shall
notify
parents
legal
guardian
foster
parents
said
condition
shall
inform
minor
said
notification
indication
massachusetts
certification
procedure
inadequate
indeed
dissent
district
cited
prior
case
procedure
employed
apparent
difficulty
citing
hendrickson
sears