ohio akron center argued november decided june enacted ohio amended substitute house bill makes crime physician person perform abortion unmarried unemancipated minor woman unless inter alia physician provides timely notice one minor parents juvenile issues order authorizing minor consent obtain judicial bypass notice requirement minor must present clear convincing proof sufficient maturity information make abortion decision one parents engaged pattern physical emotional sexual abuse notice best interests among things also allows physician give constructive notice actual notice parent proves impossible reasonable effort requires minor file bypass complaint juvenile prescribed forms requires appoint guardian ad litem attorney minor retained counsel mandates expedited bypass hearings decisions expedited review appeals provides constructive authorization minor consent abortion either fails act timely fashion specifies courts must maintain minor anonymity confidentiality papers shortly effective date appellees abortion facility one doctors unmarried unemancipated minor woman seeking abortion others filed facial challenge statute constitutionality federal district ultimately issued injunction preventing enforcement appeals affirmed concluding various statute provisions constitutionally defective held judgment reversed reversed justice kennedy delivered opinion respect parts ii iii iv concluding face impose undue otherwise unconstitutional burden minor seeking abortion pp house bill accords cases addressing constitutionality parental notice consent statutes abortion context planned parenthood central mo danforth bellotti baird matheson planned parenthood assn kansas city ashcroft akron akron center reproductive health pp whether fourteenth amendment requires parental notice statutes opposed parental consent statutes contain judicial bypass procedures bypass procedure sufficient meets requirements identified danforth bellotti ashcroft akron intrusive consent statutes particularly four criteria set forth plurality bellotti supra opinion powell first statute satisfies requirement minor allowed show maturity make abortion decision without regard parents wishes second requiring juvenile authorize consent upon determining abortion best interests cases shown pattern abuse satisfies requirement allowed show even make decision abortion best interests third requirement bypass procedure ensure minor anonymity satisfied since prohibits juvenile notifying parents complainant pregnant wants abortion requires state courts preserve anonymity confidentiality papers since state law makes crime state employee disclose documents designated public records neither mere possibility unauthorized illegal disclosure state employees fact complaint forms require minor provide identifying information administrative purposes dispositive complete anonymity critical decisions takes reasonable steps prevent public learning minor identity fourth time limits judicial action satisfy requirement bypass procedure conducted expedition even appellees contend bypass procedure take calendar days including weekends legal holidays possibility suffice invalidate statute face see ashcroft supra pp bellotti criteria need extended imposing appellees suggested additional requirements bypass procedures first rendered unconstitutional fact constructive authorization provisions require affirmative order authorizing physician act event either state fails act within prescribed time limits absent showing limits ignored state may expect judges follow mandated procedural requirements moreover ashcroft supra require constructive authorization provisions added ohio abundance caution concern minor interests second bypass procedure ohio violate due process placing burden proof issues maturity best interests minor requiring heightened clear convincing evidence standard proof justice powell bellotti supra indicated state may require minor bear burden proof issues moreover state may require heightened standard proof bypass procedure contemplates ex parte proceeding one opposes minor testimony assisted attorney guardian ad litem third statutory scheme bypass complaint forms deny unwary unrepresented minor opportunity prove case requiring choose among three forms first relates maturity second best interests third even assuming initial confusion unlikely ohio courts treat minor choice forms without due care understanding unrepresented status moreover make binding election initial form choice since provides appointed counsel filing complaint allows move amend pleadings pp even assuming gives minor substantive liberty property right avoid unnecessary hostile parental involvement upon proof maturity best interests statute deprive right without due process since confidentiality provisions expedited procedures pleading form requirements clear convincing evidence standard constructive authorization provisions valid face pp house bill facially invalid simply requires parental notice given physician rather qualified person since physician superior ability garner use important medical psychological data supplied parent upon receiving notice state may require physician take reasonable steps notify parent see matheson supra addition conversation experienced detached physician may assist parent approaching problem mature balanced way thereby enable provide better advice minor conversation less experienced person imposition physician schedule diminished provisions allowing give notice mail reach parent reasonable effort forgo notice event certain emergencies provisions constitute adequate recognition professional status akron supra distinguished pp justice kennedy joined chief justice justice white justice scalia concluded part constitutes rational way legitimate ends free enlightened society may decide members attain clearer tolerant understanding profound philosophic choices confronting woman considering abortion decision affect destiny dignity origins human life within embryo rational fair state conclude instances beginnings understanding within family strive give lonely even terrified minor advice compassionate mature pp justice stevens agreeing unconstitutional face concluded applications notice requirement reasonably state legitimate interest protecting welfare minor citizens question whether judicial bypass obviously inadequate exceptional situations entire statute invalidated must await statute implementation evaluation significance restrictions light administration state must provide adequate mechanism avoiding parental notification cases minor mature notice best interests see akron akron center reproductive health pp rita eppler assistant attorney general ohio argued cause appellant briefs anthony celebrezze attorney general thomas suzanne mohr assistant attorneys general linda sogg argued cause appellees brief dara klassel roger evans barbara otten eve paul briefs amici curiae urging reversal filed american family association peggy coleman association american physicians surgeons lohr paige comstock cunningham kent masterson brown concerned women america jordan lorence cimron campbell wendell bird knights columbus brendan sullivan kevin hasson carl anderson catholic conference mark chopko representative jerome luebbers et al patrick perotti briefs amici curiae urging affirmance filed organizations support roe wade kathleen sullivan susan estrich barbara jordan estelle rogers american college obstetricians gynecologists et al carter phillips elizabeth esty ann allen stephan lawton laurie rockett joel klein american psychological association et al donald bersoff briefs amici curiae filed american indian health care association et al rhonda copelon nadine taub focus family et al robert showers save america youth lynn wardle individual members panel adolescent pregnancy childbearing committee child development research public policy hannah lieberman pamela anderson justice kennedy announced judgment delivered opinion respect parts ii iii ivfn opinion respect part chief justice justice white justice scalia join appeals held invalid ohio statute certain exceptions prohibits person performing abortion unmarried unemancipated minor woman absent notice one woman parents order approval reverse determine statute accords precedents parental notice consent abortion context violate fourteenth amendment ohio legislature november enacted amended substitute house bill amended ohio rev code ann created supp section cornerstone legislation makes criminal offense except four specified circumstances physician person perform abortion unmarried unemancipated woman eighteen years age see making first offense misdemeanor subsequent offenses felonies imposing civil liability first second circumstances physician may perform abortion relate parental notice consent first physician may perform abortion provides least hours actual notice person telephone one women parents guardian custodian intention perform abortion physician alternative may notify minor adult brother sister stepparent grandparent minor relative file affidavit juvenile stating minor fears physical sexual severe emotional abuse one parents see physician give notice reasonable effort may perform abortion least hours constructive notice ordinary certified mail second physician may perform abortion minor one parents guardian custodian consented abortion writing see ii third fourth circumstances depend judicial procedure allows minor bypass notice consent provisions described statute allows physician perform abortion without notifying one minor parents receiving parent consent juvenile issues order authorizing minor consent iii juvenile appeals inaction provides constructive authorization minor consent iv bypass procedure requires minor file complaint juvenile stating pregnant unmarried years age unemancipated desires abortion without notifying one parents sufficient maturity information make intelligent decision whether abortion without notice one parents engaged pattern physical sexual emotional abuse notice best interests retained attorney ohio discussed prescribed pleading forms minor use see app juvenile must hold hearing earliest possible time later fifth business day minor files complaint must render decision immediately conclusion hearing ibid failure hold hearing within time results constructive authorization minor consent abortion ibid hearing must appoint guardian ad litem attorney represent minor retained counsel minor must prove allegation maturity pattern abuse best interests clear convincing evidence juvenile must conduct hearing preserve anonymity complainant keeping papers confidential minor right expedited review statute provides within four days minor files notice appeal clerk juvenile shall deliver notice appeal record state appeals clerk appeals dockets appeal upon receipt items ibid minor must file brief within four days docketing ibid desires oral argument appeals must hold one within five days docketing must issue decision immediately oral argument ibid waives right oral argument appeals must issue decision within five days docketing ibid appeals comply time limits constructive order results authorizing minor consent abortion ibid appellees action include akron center reproductive health facility provides abortions max pierre gaujean physician performs abortions akron center rachael roe unmarried unemancipated minor woman sought abortion facility march days effective date appellees others brought facial challenge constitutionality statute district northern district ohio district various proceedings issued preliminary injunction later permanent injunction preventing state ohio enforcing statute akron center reproductive health rosen supp appeals sixth circuit affirmed concluding six constitutional defects points discussed related sufficiency expedited procedures guarantee anonymity constructive authorization provisions clear convincing evidence standard pleading requirements physician personal obligation give notice one minor parents akron center reproductive health slaby state ohio appeal ed prob juris noted challenges appeals decision entirety appellees seek affirmance grounds adopted appeals grounds ii decided five cases addressing constitutionality parental notice parental consent statutes abortion context see planned parenthood central mo danforth bellotti baird matheson planned parenthood assn kansas city ashcroft akron akron center reproductive health need determine whether statute accord cases violate constitution conclude consistent dispute turns large extent adequacy judicial bypass procedure analyzing aspect dispute note although cases required bypass procedures parental consent statutes decided whether parental notice statutes must contain procedures see matheson supra upholding notice statute without bypass procedure applied immature dependent minors leave question open whether fourteenth amendment requires notice statutes contain bypass procedures bypass procedure meets requirements identified parental consent statutes danforth bellotti ashcroft akron danforth established order prevent another person absolute veto power minor decision abortion state must provide sort bypass procedure elects require parental consent see hold today hodgson minnesota ante corollary greater intrusiveness consent statutes bypass procedure suffice consent statute suffice also notice statute see also matheson supra notice statutes equivalent consent statutes give anyone veto power minor abortion decision principal opinion bellotti stated four criteria bypass procedure consent statute must satisfy appellees contend bypass procedure satisfy criteria disagree first bellotti principal opinion indicated procedure must allow minor show possesses maturity information make abortion decision consultation physician without regard parents wishes see opinion powell reaffirmed requirement akron holding state presume immaturity girls age case us difficulty concluding allows minor show maturity conformity principal opinion bellotti statute permits minor show sufficiently mature well enough informed decide intelligently whether abortion ohio rev code ann supp second bellotti principal opinion indicated procedure must allow minor show even make abortion decision desired abortion best interests believe satisfies bellotti language quoted statute requires juvenile authorize minor consent determines abortion minor best interest cases minor shown pattern physical sexual emotional abuse see third bellotti principal opinion indicated procedure must insure minor anonymity see satisfies standard section provides juvenile shall notify parents guardian custodian complainant pregnant wants abortion section hearing section shall conducted manner preserve anonymity complainant complaint papers records pertain action commenced section shall kept confidential public records appellees argue complaint forms prescribed ohio require minor disclose identity unless minor counsel must sign complaint form initiate bypass procedure even counsel must supply name one parents four different places see app pleading forms appellees prefer protections similar included statutes reviewed bellotti ashcroft statute bellotti protected anonymity permitting use pseudonym see planned parenthood league massachusetts bellotti statute ashcroft allowed minor sign petition initials see appellees also maintain ohio laws requiring employees disclose public documents irrelevant right anonymity broader right officials reveal one identity public large confidentiality differs anonymity believe distinction constitutional significance present context distinction played part previous decisions even bellotti principal opinion taken setting standard find complete anonymity critical like statutes bellotti ashcroft takes reasonable steps prevent public learning minor identity refuse base decision facial validity statute mere possibility unauthorized illegal disclosure state employees like many sophisticated judicial procedures requires participants provide identifying information administrative purposes public disclosure fourth bellotti plurality indicated courts must conduct bypass procedure expedition allow minor effective opportunity obtain abortion see noted requires trial make decision within five business day minor files complaint requires appeals docket appeal within four days minor files notice appeal requires appeals render decision within five days docketing appeal ibid district appeals assumed references days meant business days opposed calendar days cf ohio rule app proc excluding nonbusiness days computations less seven days calculated result procedure take calendar days minor file time year business days needed bypass procedure encompass three saturdays three sundays two legal holidays appellees maintain basis affidavit included record delay increase substantial measure costs medical risks abortion see app conclude courts satisfy bellotti principal opinion expedition requirement preliminary matter calculation conflicts two rules construction discussed abortion cases elsewhere fairly possible courts construe statute avoid danger unconstitutionality ashcroft opinion powell although recognize federal courts better schooled able interpret laws respective frisby schultz appeals decision strikes us dubious interpreting term days mean business days instead calendar days seems inappropriate unnecessary express contrasting use business day addition appellees making facial challenge statute must show set circumstances exists act valid webster reproductive health services concurring appeals invalidated ohio statute facial challenge based upon analysis may never occur cf ohio rev code supp allowing appeals upon minor motion shorten extend time periods moreover precedents mere possibility procedure may require days rare case plainly insufficient invalidate statute face ashcroft example upheld missouri statute contained bypass procedure require calendar days plus sufficient time deliberation decisionmaking trial appellate levels see appellees ask us effect extend criteria used members bellotti cases following imposing three additional requirements bypass procedures first challenge constructive authorization provisions enable minor obtain abortion without notifying one parents either juvenile appeals fails act within prescribed time limits see ohio rev code ann iv supp speculate absence affirmative order fails process minor complaint deter physician acting discern constitutional defect statute absent demonstrated pattern abuse defiance state may expect judges follow mandated procedural requirements showing time limitations imposed ignored abundance caution concern minor interests ohio added constructive authorization provision ensure expedition bypass procedures even time limits met state attorney general represents physician obtain certified documentation juvenile appellate constructive authorization occurred brief appellant require similar safety net bypass procedures ashcroft supra find defect procedures ohio provided second appellees ask us rule bypass procedure require minor prove maturity best interests standard clear convincing evidence maintain state seeks deprive individual liberty interests must take upon risk error see santosky kramer house bill violates standard opinion placing burden proof upon minor also imposing heightened standard proof contention lacks merit state bear burden proof issues maturity best interests principal opinion bellotti indicates state may require minor prove facts bypass procedure see opinion powell state moreover may require heightened standard proof bypass procedure contemplates ex parte proceeding one opposes minor testimony find clear convincing standard used acceptable ohio stated clear convincing evidence measure degree proof produce mind trier facts firm belief conviction allegations sought established intermediate mere preponderance extent certainty required beyond reasonable doubt criminal cases mean clear unequivocal cross ledford ohio emphasis deleted third appellees contend pleading requirements create trap unwary minor statutory scheme requirements prescribed ohio must choose among three pleading forms see ohio rev code supp app first alleges maturity second alleges best interests may attempt prove maturity best interests unless chooses third form alleges facts appellees contend complications imposed scheme deny minor opportunity required principal opinion bellotti prove either maturity best interests see even assumption pleading scheme produce initial confusion minors counsel pleading simple straightforward procedure deprive minor opportunity prove case seems unlikely ohio courts treat minor choice complaint form without due care understanding unrepresented status addition note minor make binding election initial choice pleading form minor receives appointed counsel filing complaint may move leave amend pleadings see ohio rule juvenile proc see also hambleton barry ohio finding liberal amendment policy state civil rules regardless whether ohio written simpler statute survives facial challenge iii appellees contend inquiry end even decide conforms danforth bellotti matheson ashcroft akron maintain gives minor state law substantive right avoid unnecessary hostile parental involvement demonstrate maturity best interests favor abortion without notifying one parents argue deprives minor right without due process pleading requirements alleged lack expedition anonymity clear convincing evidence standard make bypass procedure unfair see mathews eldridge find merit argument confidentiality provisions expedited procedures pleading form requirements face satisfy dictates minimal due process see little risk erroneous deprivation provisions need require additional procedural safeguards clear convincing evidence standard reasons described place unconstitutional burden types proof presented minor assisted attorney guardian ad litem proceeding ex parte standard ensures judge take special care deciding whether minor consent abortion proceed without parental notification final matter given statute provides definite reasonable deadlines ohio rev code ann supp constructive authorization provision also comports due process face iv appellees final matter contend invalidate entirety statute requires parental notice given physician perform abortion akron found unconstitutional requirement attending physician provide information counseling relevant informed consent see although disapprove informing woman health risks abortion explained state interest ensuring woman consent informed unpressured critical factor whether obtains necessary information counseling qualified person identity person obtains appellees maintain similar fashion ohio reason requiring minor physician rather qualified person notify one minor parents appellees however failed consider precedent matter upheld matheson statute required physician notify minor parents see distinction notifying minor parents informing woman routine risks abortion ample justification although counselors may provide information general risks akron appellees contest superior ability physician garner use information supplied minor parents upon receiving notice continue believe state may require physician take reasonable steps notify minor parent parent often provide important medical data physician explained matheson medical emotional psychological consequences abortion serious lasting particularly patient immature adequate medical psychological case history important physician parents provide medical psychological data refer physician sources medical history family physicians authorize family physicians give relevant data omitted imposition physician schedule requiring give notice minor consent one parents authorization must evaluated light complete statutory scheme statute allows physician send notice mail reach minor parent reasonable effort ohio rev code ann also allows forgo notice event certain emergencies see provisions adequate recognition physician professional status facial challenge find physician notification requirement unobjectionable ohio statute sum impose undue otherwise unconstitutional burden minor seeking abortion believe addition legislature acted rational manner enacting free enlightened society may decide members attain clearer tolerant understanding profound philosophic choices confronted woman considering whether seek abortion decision embrace destiny personal dignity origins human life lie within embryo state entitled assume people beginnings understanding within family society intimate association rational fair state conclude instances family strive give lonely even terrified minor advice compassionate mature statute issue rational way ends deny dignity family say state take reasonable step regulating health professions ensure cases young woman receive guidance understanding parent uphold face reverse appeals ordered justice scalia concurring join opinion agree ohio statute neither deprives minors procedural due process contradicts holdings regarding constitutional right abortion continue believe however said separate concurrence last term webster reproductive health services constitution contains right abortion found longstanding traditions society logically deduced text constitution without volunteering judicial answer nonjusticiable question human life begins leaving matter political process legally correct pragmatically alone lawyerly dissection federal judicial precedents produce compromises satisfying sufficient mass electorate deeply felt issue cease distorting remainder democratic process end disruptive intrusion field soon possible justice stevens concurring part concurring judgment emphasizes appellees challenged ohio statute face state may presume applications statute reasonably legitimate interest protecting welfare minor citizens see matheson stevens concurring judgment applications however notice requirement reasonably interest exceptional situations notice cause realistic risk physical harm pregnant woman cause trauma ill parent enable parent prevent abortion reasons unrelated best interests minor ohio statute recognizes possibility providing judicial bypass question case whether statutory protection exceptional case obviously inadequate entire statute invalidated willing reach conclusion statute implemented significance restrictions evaluated light administration therefore agree appeals judgment must reversed join parts opinion correctly decided specific question whether judicial bypass procedure necessary order save constitutionality single parent notice statute see ante however squarely held requirement preabortion parental notice cases involving pregnant minors unconstitutional although need take form judicial bypass state must provide adequate mechanism cases minor mature notice best interests akron akron center reproductive health city argued constitutionality ordinance requiring parental consent saved minor opportunity invoke state juvenile procedures held day planned parenthood assn kansas city mo ashcroft opinion powell similar provision require parental notification avoided constitutional infirmities statute rejected argument akron however procedures case required parent given notice minor petition filed writing six justices including author opinion matheson supra justice powell explained even assuming ohio courts construe provisions permitting minor obtain judicial approval proper necessary medical surgical care abortion parents refused provide care statute makes provision mature emancipated minor completely avoid hostile parental involvement demonstrating satisfaction capable exercising constitutional right choose abortion contrary statute requires minor parents notified petition filed ohio rev code ann supp requirement case mature minor seeking abortion unconstitutional see matheson powell concurring marshall dissenting ohio statute face provides sufficient procedure cases pleading requirements constructive authorization confidentiality provisions act satisfy standards established ashcroft supra judicial bypass minor bound initial choice pleading form ante constructive authorization provision functions additional safety net statutory deadlines met ante state taken reasonable steps ensure confidentiality ante requirement minor prove maturity best interests clear convincing evidence supported presumption notification parent circumstances minor best interests unreasonable require minor assisted counsel guardian ad litem ante overcome presumption clear convincing evidence cf parham resumption parents act best interests child relevant determining process due commitment proceeding concern possible delay bypass procedure statute permits ohio courts expedite procedure upon showing good cause see ante citing ohio rev code ann supp sensitive administration deadlines may demonstrate concern unwarranted tension statutory requirement treating physician notify minor parent decision akron state may require attending physician personally counsel abortion patient one overlook possibility provision motivated legislative interest placing obstacles woman path abortion see maher roe genuine interest fostering informed decisionmaking agree however ohio statute requires physician take reasonable steps notify minor parent notification may contribute decisionmaking process ante accordingly unable conclude provision unconstitutional face footnotes standard proof minor abortion decision onerous medical procedure parents may disapprove ohio law determination child neglected dependent necessary guardian ad litem may authorize proper necessary medical surgical care must made clear convincing evidence see ohio ann supp see also willmann ohio app bibb ohio app justice blackmun justice brennan justice marshall join dissenting constitutional right control quintessentially intimate personal decision whether carry fetus term webster reproductive health services opinion concurring part dissenting part mature come magically one attains age majority minors well adults protected constitution possess constitutional rights planned parenthood central mo danforth hodgson minnesota ante constitutional protection unjustified state intrusion process deciding whether bear child extends pregnant minors well adult women although recognized state somewhat broader authority regulate activities children adults state nevertheless must demonstrate significant state interest conditioning abortion present case adult danforth emphasis added independent interest parent may termination minor daughter pregnancy weighty right privacy competent minor mature enough become pregnant abortion decision differs important ways decisions may made minority need protect constitutional right unique nature abortion decision especially made minor require state act particular sensitivity legislates foster parental involvement matter bellotti baird opinion powell emphasis added bellotti ii articular sensitivity mandated situations denying minor right make important decision consequences grave indelible ibid obvious considering probable education employment skills financial resources emotional maturity unwanted motherhood may exceptionally burdensome minor ibid ii majority decide whether ohio parental notice statute must contain judicial bypass procedure majority concludes bypass procedure statute meets requirements identified parental consent statutes danforth bellotti ashcroft akron ante conclude however minor emotional vulnerability financial dependency parents unique nature abortion decision bellotti ii consequences parental notice statute tantamount parental consent statute practical matter notification requirement deterrent effect pregnant minor seeking exercise constitutional right consent statute see akron akron center reproductive health matheson concurring opinion thus notice statute like consent statute must contain bypass procedure comports standards set forth bellotti ii disagree conclusion ohio bypass procedure complies dictates bellotti ii progeny strike ohio amended substitute house bill bellotti ii principal opinion stated pregnant minor entitled proceeding show either mature enough well enough informed make abortion decision consultation physician independently parents wishes even able make decision independently desired abortion best interests opinion powell omitted language ohio statute purports follow standards bypass procedure set forth bellotti ii stage along way statute deliberately places substantial obstacles pregnant minor path abortion maher roe legislative hope stumble perhaps fall least ensuring conquer obstacle course able exercise constitutional right abortion dellinger sperling abortion retreat roe wade rev majority considers provision piecemeal fashion never acknowledging assessing degree burden entire regime abortion regulations places minor ibid obstacle course begins minor first enters courthouse fill complaint forms pleading trap appropriately described appeals akron center reproductive health slaby requires minor choose among three forms first alleges maturity second alleges abortion best interest app minor chooses third form alleges may minor attempt prove maturity best interest right bellotti ii see ohio rev code ann supp majority makes light acknowledges might initial confusion unsophisticated minor trying deal unfamiliar mystifying system intensely intimate matter ante points minor counsel appointed filed complaint may move leave amend pleadings avers seems unlikely ohio courts treat minor choice complaint form without due care ante take ohio legislature word however pleading requirement intended meaningful constitutionality procedural provision analyzed basis may effect pleading requirement prevents minors showing either mature abortion best interests plainly unconstitutional majority fails elucidate state interest setting barricade young pregnant woman barricade serve confuse heighten anxiety thornburgh justification state put forward appeals absurd contention ny minor claiming mature well enough informed independently make important decision abortion also mature enough file complaint appropriate subsection see quoting brief state ohio proffered justification even harsh appeals noted excludes mature minor may intellectual capacity understand tangled forms spurns immature minor abused contends reason abortion without parental involvement best interest surely goal proceeding assist entrap young pregnant woman state interest streamlining claims belatedly asserted first time less absurd ludicrous confound pregnant minor forced go time crisis life alternative complaint forms must later rescinded appointed counsel replaced form constitutionally valid moreover ridiculous pleading scheme leaves judge discretion whether minor may amend pleading attempt prove maturity best interest allow resolution vital issue turn judge discretion comport bellotti ii declaration minor fails satisfy competent make decision independently must permitted show abortion nevertheless best interests opinion powell emphasis added pregnant minor attempts find way labyrinth set state ohio encounters yet another obstruction even completed complaint form bellotti ii plurality insisted judicial bypass procedure must assure resolution issue appeals may follow completed anonymity emphasis added statement idle procedural requirement stems proposition due process clause protects woman right make decision independently privately hodgson ante zone privacy long held encompass individual interest avoiding disclosure personal matters whalen roe ohio statute safeguard right far keeping identity minor anonymous statute requires minor sign full name name one parents complaint form see app pleading forms see ante unless minor counsel must sign complaint form initiate bypass procedure even counsel must supply name one parents four different places acknowledging onfidentiality differs anonymity majority simply asserts complete anonymity critical ante easy conclusion irreconcilable bellotti anonymity requirement definition anonymous named identified webster ninth new collegiate dictionary complete anonymity appears kind anonymity person possibly majority admits case law regarding anonymity requirement permitted less see ante citing planned parenthood league massachusetts bellotti pseudonym planned parenthood assn kansas city missouri ashcroft initials see also thornburgh decision terminate pregnancy intensely private one must protected way assures anonymity majority points ohio laws requiring employees disclose public documents blithely assuming mere possibility unauthorized illegal disclosure state employees insufficient establish confidentiality proceeding protected ante fact provisions regarding duty employees disclose public documents amount generally stated principles confidentiality american college obstetricians thornburgh aff grounds district pointed indications clerk office large small ensure records abortion cases distinguished records cases available public akron center reproductive health rosen nd ohio cf planned parenthood league massachusetts bellotti minor proceeds pseudonym affidavit containing identity kept separate sealed file measures sealing record case closed prevent public availability planned parenthood assn atlanta area harris nd noting disapproval georgia statute made provision documents sealed well aware unless special care taken documents intimate nature find way press public see florida star reporter police room copied police report published article rape victim full name state offered justification failure provide specific guidelines followed juvenile ensure anonymity pregnant minor even though place procedure assure anonymity juveniles adjudicated delinquent unruly see ohio rev code ann detailed provision sealing record expungement record woman physician necessarily reluctant choose abortion exists possibility decision identity become known publicly thornburgh minor whose purpose going judicial bypass proceeding avoid notifying hostile abusive parent alarmed signing name name parent complaint form generalized statements concerning confidentiality records small comfort even aware true anonymity essential effective meaningful bypass face forms minor must actually deal state assurances minor privacy protected ring hollow permit state ohio force minor forgo anonymity order obtain waiver parental notification requirement pregnant adolescent preserve long possibility aborting effectively expires matter weeks onset pregnancy required state must assure resolution issue appeals may follow completed sufficient expedition provide effective opportunity abortion obtained bellotti ii page opinion powell see also matheson time essence abortion decision ohio judicial bypass procedure consume three weeks young woman pregnancy join sixth circuit district federal courts held timespan length fails guarantee sufficiently expedited procedure see see also american college obstetricians gynecologists thornburgh ed statutory scheme allowing days judicial proceeding unconstitutional glick mckay majority unconcerned procedure may require days rare case ante doubt rarity cases event appeals appropriately pointed minor often learn pregnancy late stage first trimester time lost trimester especially critical ignores facts medical risks surrounding abortion increase pregnancy advances delay may push woman second trimester medical risks economic costs state regulation increase dramatically see roe wade matheson dissenting opinion minors likely seek later abortions adult women usually financially independent suffer acutely delay see ashcroft opinion concurring part dissenting part increased cost factor may seem insignificant comfortable perspective equally insignificant unemployed teenager additional cost may well put abortion beyond reach delay days may limit significantly woman ability obtain abortion agree conclusions district appeals statute violates command judicial bypass proceeding conducted sufficient speed maintain effective opportunity abortion obtained bellotti ii opinion powell ohio statute provides juvenile appellate courts fail act within statutory timeframe abortion without parental notification constructively authorized although ohio legislature may intended provision expedite bypass procedure confusion result constructive authorization provision add delay judicial bypass proceeding yet one obstruction path pregnant minor physician risks civil damages criminal penalties including imprisonment well revocation license disobeying statute commands statute provides formal order relief safeguard physician penalties see state argues combination copy minor complaint docket sheet showing entry inform physician abortion proceed brief appellant yet mere absence entry docket sheet hardly reassuring physician facing dire consequences state offers reason formal order kind actual notification clerk possible doubt nebulous authorization envisioned statute conjunction statute imposing strict civil criminal liability profound chilling effect willingness physicians perform abortions colautti franklin agree appeals practical effect pocket approval provision frustrate minor right expedient disposition petition minor able wend way intricate course preliminaries ohio set last reaches proceeding state shackles even tightly still another extra layer burden regulation abortion decision danforth minor must demonstrate clear convincing evidence either maturity one parents engaged pattern physical sexual emotional abuse notice parent best interest imposition heightened standard proof unduly burdens minor right seek abortion demonstrates fundamental misunderstanding real nature bypass proceeding function standard proof instruct factfinder concerning degree confidence society thinks correctness factual conclusions addington texas quoting winship concurring opinion societal judgment risk error distributed litigants santosky kramer imposing stringent standard proof ohio statute improperly places risk erroneous decision minor person whose fundamental right stake cf clear convincing standard proof usually employed preserve fundamental fairness variety proceedings threaten deprive individual involved significant deprivation liberty even judge satisfied minor mature abortion best interest may authorize procedure unless additionally finds evidence meets clear convincing standard proof majority asserts state may require heightened standard proof procedure ex parte ante according majority alternative clear convincing standard preponderance evidence standard require proof greater weight evidence majority reasons preponderance standard unsuited bellotti ii bypass minor presents evidence evidence put forth opposition minor always present greater weight evidence yet state explained argument bypass procedure inquisitorial nature judge questions minor discover meets requirements set bellotti ii see tr oral arg judge making determination hearing resembles interview evidentiary proceeding district observed judge decision necessarily based largely subjective standards without benefit evidence woman testimony thus unlike procedure majority seems envision quantity evidence presented crucial bypass proceeding rather crucial factors nature minor statements judge demeanor contrary majority theory minor presents evidence mature still must satisfy judge even without heightened standard proof use heightened standard special context bellotti procedure little facilitate fair reliable result imports element adversarial process unique inquiry rightful place although think provision constitutionally infirm minors particularly concerned effect sexually physically abused minors agree parental interest welfare children particularly strong normal family relationship exists bellotti ii opinion powell emphasis added minor needs statute seek support loving parents trust confidence exist within family structure likely communication already exists compassionate support lacking unwanted pregnancy poor way generate sadly children country fortunate enough members loving families many young pregnant women parental involvement intimate decision threatens harm rather promises comfort selective blindness stark social reality bewildering distressing lacking protection young people typically find intimate family associations minors desperately need constitutional protection sexually physically abused minor may indeed lonely even terrified ante abortion procedure abusive family member placid reference compassionate mature advice minor receive within family must seem unbelievable cruel irony children trapped violent families system ohio set sexually abused minor must go demonstrate complete stranger clear convincing evidence victim pattern sexual abuse asked argument kind evidence minor required adduce bypass hearing state answered minor tell side judge judge consider well minor able articulate particular concerns tr oral arg procedure alone many cases extremely traumatic see hodgson ante state impervious additional burden imposed abused minor experienced social worker counselor knows often afraid ashamed reveal happened anyone outside home ohio statute forces minor despite real fears experience yet one hardship must attempt public strangers articulate particular concerns sufficient clarity meet state clear convincing evidence standard upshot abused minor risk error entails risk violence affirm judgments grounds several constitutional defects identified district appeals pleading requirements fragile guarantee anonymity insufficiency expedited procedures constructive authorization provision clear convincing evidence requirement singly collectively cross limit constitutional acceptance iii even ohio statute complied bellotti ii requirements constitutional bypass conclude ohio procedure unconstitutional requires physician personal nondelegable obligation give required statutory notice particularly viewed context impediments statute places minor path possibility physician notification provision motivated legislative interest placing obstacles woman path abortion see maher roe genuine interest fostering informed decisionmaking ante stevens concurring judgment telling regard fact according appeals district state never claimed personal notice physician required effectuate interest minor health matter reached fact state taken three different positions justification provision see state interest insuring immature unemancipated minors minors whose best interests require notification adequate opportunity parental intervention state made showing interest advanced requiring attending physician opposed another qualified responsible person effectuate notification state attempt characterize duty merely ministerial advance case rather suggests interest physician perform function even less weighty perform counseling obtain informed consent struck akron akron center reproductive health chimerical health concerns asserted fact true motivation behind provision seriously doubt state taken long say even state interest health minor motivation behind provision state never explains physician interested obtaining information parent interested providing information physician following actual notification competent professional nurse counselor state majority never explain physician ability garner information parents paramount importance physician may notify parent statute allows physician send notice mail reach minor parent reasonable effort state asserted interest minor health care especially ironic light statute interference physician experienced professional judgment physician licensed state recognized state capable exercising acceptable clinical judgment doe bolton permitted exercise judgment whether another professional person notify minor parents decision terminate pregnancy doubt attending physician better ohio legislature know consultation parent necessary fails professional censure deprivation license available remedies already place ibid strictures ohio law unduly burden minor right abortion impinge physician professional discretion practice medicine iv ohio legislature wisdom enacted antiabortion statute statute subjected facial challenge held unconstitutional district northern district ohio appeals sixth circuit however upheld challenge majority majority opinion takes challenged provision turn concludes brief comment within bounds principal opinion bellotti ii moves routinely fashion succeeding provisions one one plurality concludes part primary opinion hyperbole one result incite american press public pulpit already inflamed pronouncement made plurality last term webster reproductive health services plurality indulges paternalistic comments profound philosophic choices woman destiny personal dignity origins human life lie within embryo family society intimate association striving family give minor advice compassionate mature desired assumption cases woman receive guidance understanding parent ante may cases hoped judges warm protected nurturing family environments cases need rely constitutional protections vital others cautioned another world either chooses ignore refuses recognize beal doe unfortunate denizens world often frightened forlorn lacking comfort loving parental guidance mature advice need constitutional protection ohio legislature set make difficult possible obtain legislature set forth goal evident statute spawned underlying nature ohio statute proclaimed strident offensively restrictive provisions though legislature said courts insist upholding limited right abortion let us make abortion difficult possible obtain basically whether professed moral religious grounds whatever believe way must often may way legislation enacted instances injustice evident impediments gross inflicted ohio legislature vulnerable powerless young women indeed threat parental notice may cause minor delay requesting assistance pregnancy see matheson dissenting opinion majority finds comfort planned parenthood kansas city ashcroft insists upheld missouri statute contained bypass procedure require calendar days plus sufficient time deliberation decisionmaking trial appellate levels ante majority disregards limited nature ashcroft holding looked missouri appellate procedure determined deadline docketing appeal deadline completing record perfecting appeal together requirement missouri provide expedited appeal rule provided constitutionally sufficient framework complying bellotti mandate expedited appeals see made ruling whether missouri law provided constitutionally sufficient expedition initial stages bypass bellotti baird recognized unique nature bypass procedure required minor merely show satisfy mature abortion best interests without imposing standard proof see also opinion powell much said employing procedures forum less formal associated general jurisdiction said majority minors voluntarily tell parents pregnancy overwhelming majority years age see torres forrest eisman telling parents clinic practices adolescents use family planning abortion services family planning perspectives million children adolescents suffered harm parental abuse neglect including sexual abuse see brief american psychological association et al amici curiae sources cited therein figure considered minimum estimate incidence abuse substantially underreported pregnancy deter may even precipitate physical attacks women ibid regnant minors may attempt obtain illegal abortion rather risk parental notification matheson dissenting opinion majority state ohio piously fail mention happens unwanted babies born mothers little children little opportunity education life skills often unwanted child becomes trapped cycle poverty despair violence experience knows well unable adequately supervise protect vulnerable citizens see baltimore city dept social services bouknight deshaney winnebago county dept social services light asserted interest find odd ohio allows minors consent treatment sexually transmitted diseases ohio rev code ann drug alcohol abuse sensitive areas health care state apparently trusts physician use informed medical judgment whether question inform parent minor medical psychological condition majority reliance matheson misplaced case unlike one utah limited steps physician take notify minor parents see contrast akron akron center reproductive health pointed critical factor whether obtains necessary information counseling qualified person identity person obtains emphasis added