maher roe argued january decided june appellees two indigent women unable obtain physician certificate medical necessity brought action attacking validity connecticut welfare department regulation limits state medicaid benefits first trimester abortions medically necessary district held equal protection clause fourteenth amendment forbids exclusion nontherapeutic abortions state welfare program generally subsidizes medical expenses incident pregnancy childbirth found implicit roe wade doe bolton view abortion childbirth simply two alternative medical methods dealing pregnancy held equal protection clause require state participating medicaid program pay expenses incident nontherapeutic abortions indigent women simply made policy choice pay expenses incident childbirth pp financial need alone identify suspect class purposes equal protection analysis see san antonio school dist rodriguez dandridge williams pp connecticut regulation impinge upon fundamental right privacy recognized roe supra protects woman unduly burdensome interference freedom decide whether terminate pregnancy right implies limitation state authority make value judgment favoring childbirth abortion implement judgment allocation public funds indigent woman desiring abortion disadvantaged connecticut decision fund childbirth continues dependent private abortion services pp state required show compelling interest policy choice favor normal childbirth pp connecticut regulation rationally related furthers strong legitimate interest encouraging normal childbirth beal doe ante subsidizing costs incident childbirth rational means encouraging childbirth moreover wide latitude choosing among competing demands limited public funds pp since unreasonable state insist upon prior showing medical necessity insure money spent authorized purposes district erred invalidating requirements prior written request pregnant woman prior authorization department social services abortions although similar requirements imposed medical procedures procedures involve termination potential human life powell delivered opinion burger stewart white rehnquist stevens joined burger filed concurring statement post brennan filed dissenting opinion marshall blackmun joined post marshall filed dissenting opinion ante blackmun filed dissenting opinion brennan marshall joined ante edmund walsh assistant attorney general connecticut argued cause appellant brief carl ajello attorney general lucy katz argued cause appellees brief kathryn emmett catherine roraback william hyland attorney general stephen skillman assistant attorney general erminie conley deputy attorney general filed brief state new jersey amicus curiae urging reversal sylvia law harriet pilpel eve paul filed brief american public health assn et al amici curiae urging affirmance patricia butler michael wolff filed brief jane doe amicus curiae justice powell delivered opinion beal doe ante hold today title xix social security act require funding nontherapeutic abortions condition participation joint medicaid program established statute case result decision beal must decide whether constitution requires participating state pay nontherapeutic abortions pays childbirth regulation connecticut welfare department limits state medicaid benefits first trimester abortions medically necessary term defined include psychiatric necessity connecticut welfare department public assistance program manual vol iii connecticut enforces limitation system prior authorization department social services order obtain authorization first trimester abortion hospital clinic abortion performed must submit among things certificate patient attending physician stating abortion medically necessary attack validity connecticut regulation brought appellant maher commissioner social services appellees poe roe two indigent women unable obtain physician certificate medical necessity complaint filed district district connecticut challenged regulation inconsistent requirements title xix social security act added stat amended et seq ed supp violative constitutional rights including fourteenth amendment guarantees due process equal protection connecticut originally defended regulation theory title xix social security act prohibited funding abortions medically necessary certifying class women unable obtain medicaid assistance abortions regulation district held social security act allowed state funding nontherapeutic abortions also required roe norton supp appeal appeals second circuit read social security act allow require state funding abortions upon remand consideration constitutional issues raised complaint district convened invalidated connecticut regulation supp although found independent constitutional right abortion district held equal protection clause forbids exclusion nontherapeutic abortions state welfare program generally subsidizes medical expenses incident pregnancy childbirth found implicit roe wade doe bolton view abortion childbirth stripped sensitive moral arguments surrounding abortion controversy simply two alternative medical methods dealing pregnancy relying also shapiro thompson memorial hospital maricopa county held connecticut program weights choice pregnant mother choosing exercise constitutionally protected right nontherapeutic abortion thus infringes upon fundamental interest found state interest justify infringement state fiscal interest held wholly chimerical abortion least expensive medical response pregnancy omitted moral objection abortion deemed constitutionally irrelevant state may justify refusal pay one type expense arising pregnancy basis morally opposes expenditure money sanction justification permit discrimination seeking exercise constitutional right basis state simply approve exercise right ibid ii constitution imposes obligation pay medical expenses indigent women indeed pay medical expenses indigents state decides alleviate hardships poverty providing medical care manner dispenses benefits subject constitutional limitations appellees claim connecticut must accord equal treatment abortion childbirth may evidence policy preference funding medical expenses incident childbirth challenge classifications established connecticut regulation presents question arising equal protection clause fourteenth amendment basic framework analysis claim well settled must decide first whether state legislation operates disadvantage suspect class impinges upon fundamental right explicitly implicitly protected constitution thereby requiring strict judicial scrutiny legislative scheme must still examined determine whether rationally furthers legitimate articulated state purpose therefore constitute invidious discrimination san antonio school dist rodriguez case involves discrimination suspect class indigent woman desiring abortion come within limited category disadvantaged classes recognized cases fact impact regulation falls upon pay lead different conclusion sense every denial welfare indigent creates wealth classification compared nonindigents able pay desired goods services never held financial need alone identifies suspect class purposes equal protection analysis see rodriguez supra dandridge williams accordingly central question case whether regulation impinges upon fundamental right explicitly implicitly protected constitution district read decisions roe wade subsequent cases applying establishing fundamental right abortion therefore concluded nothing less compelling state interest justify connecticut different treatment abortion childbirth think district misconceived nature scope fundamental right recognized roe issue roe constitutionality texas law making crime procure attempt procure abortion except medical advice purpose saving life mother drawing group disparate cases restricting governmental intrusion physical coercion criminal prohibition certain activities concluded fourteenth amendment concept personal liberty affords constitutional protection state interference certain aspects individual personal privacy including woman decision terminate pregnancy texas statute imposed severe criminal sanctions physicians medical personnel performed abortions thus drastically limiting availability safety desired service justice stewart observed difficult imagine complete abridgment constitutional freedom concurring opinion held compelling state interest justify sweeping restriction constitutionally protected interest found state interest first trimester even judged demanding standard however state dual interest health pregnant woman potential life fetus deemed sufficient justify substantial regulation abortions second third trimesters interests separate distinct grows substantiality woman approaches term point pregnancy becomes compelling second trimester state interest health pregnant woman justifies state regulation reasonably related concern viability usually third trimester state interest potential life fetus justifies prohibition criminal penalties except life health mother threatened texas law roe stark example impermissible interference pregnant woman decision terminate pregnancy subsequent cases invalidated types restrictions different form similar effect woman freedom choice thus planned parenthood central missouri danforth held missouri requirement spousal consent unconstitutional granted husband right prevent unilaterally whatever reason effectuation wife physician decision terminate pregnancy missouri interposed absolute obstacle woman decision roe held constitutionally protected interference emphasis added although obstacle need absolute impermissible see doe bolton carey population services international held requirement lawful abortion unconstitutional unless unduly burdens right seek abortion bellotti baird recognized bellotti distinction abortion procedures forbidden constitutionality distinction depend upon degree justification therefore declined rule constitutionality massachusetts statute regulating minor access abortion state courts opportunity determine whether statute authorized parental veto minor decision less burdensome requirement parental consultation cases recognize constitutionally protected interest making certain kinds important decisions free governmental compulsion whalen roe nn whalen makes clear right roe wade understood considering woman interest nature state interference roe declare unqualified constitutional right abortion district seemed think rather right protects woman unduly burdensome interference freedom decide whether terminate pregnancy implies limitation authority state make value judgment favoring childbirth abortion implement judgment allocation public funds connecticut regulation us different kind laws invalidated previous abortion decisions connecticut regulation places obstacles absolute otherwise pregnant woman path abortion indigent woman desires abortion suffers disadvantage consequence connecticut decision fund childbirth continues dependent private sources service desires state may made childbirth attractive alternative thereby influencing woman decision imposed restriction access abortions already indigency may make difficult cases perhaps impossible women abortions neither created way affected connecticut regulation conclude connecticut regulation impinge upon fundamental right recognized roe conclusion signals retreat roe cases applying basic difference direct state interference protected activity state encouragement alternative activity consonant legislative policy constitutional concerns greatest state attempts impose force law state power encourage actions deemed public interest necessarily far broader distinction implicit two cases cited roe support pregnant woman right fourteenth amendment meyer nebraska involved nebraska law making criminal teach foreign languages children passed eighth grade nebraska imposition criminal sanction providers desired services makes meyer closely analogous roe sustaining constitutional challenge brought teacher convicted law held teacher right thus teach right parents engage instruct children within liberty amendment pierce society sisters relied meyer invalidate oregon criminal law requiring parent guardian child send public school thus precluding choice private school reasoning fourteenth amendment concept liberty excludes general power state standardize children forcing accept instruction public teachers held law unreasonably interfere liberty parents guardians direct upbringing education children control cases invalidated substantial restrictions constitutionally protected liberty interests meyer parent right child taught particular foreign language pierce parent right choose private rather public school education neither case denied state policy choice encouraging preferred course action indeed meyer careful state power state prescribe curriculum included english excluded german free public schools questioned similarly pierce casts shadow state power favor public education funding policy choice pursued century see brown board education indeed norwood harrison explicitly rejected argument pierce established right private parochial schools share public schools state largesse noting one thing say state may prohibit maintenance private schools quite another say schools must matter equal protection receive state aid yet accept appellees argument indigent parent challenge state policy favoring public rather private schools preferring instruction english rather german grounds identical principle advanced think abundantly clear state required show compelling interest policy choice favor normal childbirth state must justify election fund public private education question remains whether connecticut regulation sustained less demanding test rationality applies absence suspect classification impingement fundamental right test requires distinction drawn childbirth nontherapeutic abortion regulation rationally related constitutionally permissible purpose lindsey normet massachusetts bd retirement murgia hold connecticut funding scheme satisfies standard roe explicitly acknowledged state strong interest protecting potential life fetus interest exists throughout pregnancy grow ing substantiality woman approaches term pregnant woman carries potential human isolated privacy privacy longer sole right privacy possesses must measured accordingly state unquestionably strong legitimate interest encouraging normal childbirth beal doe ante interest honored centuries question connecticut regulation rationally furthers interest medical costs associated childbirth substantial increased significantly recent years recognized district case costs significantly greater normally associated elective abortions first trimester subsidizing costs incident childbirth rational means encouraging childbirth certainly unsympathetic plight indigent woman desires abortion constitution provide judicial remedies every social economic ill lindsey normet supra cases uniformly accorded wider latitude choosing among competing demands limited public funds dandridge williams despite recognition laws regulations allocating welfare funds involve basic economic needs impoverished human beings held classifications survive equal protection challenge reasonable basis classification shown preceding discussion makes clear state interest encouraging normal childbirth exceeds minimal level decision whether expend state funds nontherapeutic abortion fraught judgments policy value opinions sharply divided conclusion connecticut regulation constitutional based weighing wisdom social desirability strike state laws may unwise improvident harmony particular school thought williamson lee optical quoted dandridge williams supra indeed issue involves policy choices sensitive implicated public funding nontherapeutic abortions appropriate forum resolution democracy legislature forget legislatures ultimate guardians liberties welfare people quite great degree courts missouri may holmes conclusion emphasize decision today proscribe government funding nontherapeutic abortions open congress require provision medicaid benefits abortions condition state participation medicaid program also title xix construed beal doe ante connecticut free normal democratic processes decide benefits provided hold constitution require judicially imposed resolution difficult issues iii district also invalidated connecticut requirements prior written request pregnant woman prior authorization department social services analysis rejects basic premise prompted invalidation procedural requirements unreasonable state insist upon prior showing medical necessity insure money spent authorized purposes simple answer argument similar requirements imposed medical procedures procedures involve termination potential human life planned parenthood central missouri danforth held woman written consent abortion impermissible burden roe think decision controlling similar issue judgment district reversed case remanded proceedings consistent opinion ordered dissenting opinion justice blackmun see ante footnotes section provides relevant part department makes payment abortion services medical assistance title xix program following conditions met opinion attending physician abortion medically necessary term medically necessary includes psychiatric necessity abortion performed accredited hospital licensed clinic patient first trimester pregnancy written request abortion submitted patient case minor parent guardian prior authorization abortion secured chief medical services division health services department social services time action filed mary poe high school junior already obtained abortion connecticut hospital apparently poe inability obtain certificate medical necessity hospital denied reimbursement department social services result poe pressed pay hospital bill susan roe unwed mother three children unable obtain abortion physician refusal certify procedure medically necessary consent temporary restraining order entered district enjoining connecticut officials refusing pay roe abortion remand appeals district issued temporary restraining orders covering three additional women roe norton supp district judgment order entered january stayed january department social services revised allow reimbursement nontherapeutic abortions without prior authorization consent fact revision made retroactive january suggests revision made purpose interim compliance district judgment order entered date suggestion mootness made parties appeal taken submitted theory connecticut desires reinstate invalidated regulation circumstances subsequent revision regulation render case moot event remain denial reimbursement mary poe similarly situated members class prerevision regulation see state asserted eleventh amendment defense relief sought poe represents boddie connecticut cited appellees contrary invalidated due process clause certain state procedures commencement litigation including requirements payment fees costs service process restricting ability indigent persons bring action divorce held iven basic position marriage relationship society hierarchy values concomitant state monopolization means legally dissolving relationship due process prohibit state denying solely inability pay access courts individuals seek judicial dissolution marriages connecticut made attempt monopolize means terminating pregnancies abortion present case easily distinguished boddie see also kras ortwein schwab cases griffin illinois douglas california held equal protection clause requires allow appellate review criminal convictions provide indigent defendants trial transcripts appellate counsel cases grounded criminal justice system governmental monopoly participation compelled cf supra subsequent decisions made clear principles underlying griffin douglas extend legislative classifications generally woman least equal right choose carry fetus term choose abort indeed right procreation without state interference long recognized one basic civil rights man fundamental existence survival race skinner oklahoma ex rel williamson appellees rely shapiro thompson memorial hospital maricopa county cases durational residence requirements receipt public benefits found unconstitutional penalized exercise constitutional right travel interstate appellees reliance penalty analysis shapiro maricopa county misplaced view semantic difference appellees assertion connecticut law unduly interferes woman right terminate pregnancy assertion penalizes exercise right penalties familiar criminal law criminal sanctions imposed consequence proscribed conduct shapiro maricopa county recognized denial welfare one recently exercised right travel across state lines sufficiently analogous criminal fine justify strict judicial scrutiny connecticut denied general welfare benefits women obtained abortions otherwise entitled benefits close analogy facts shapiro strict scrutiny might appropriate either penalty analysis analysis applied previous abortion decisions claim state penalizes woman decision abortion refusing pay shapiro maricopa county hold penalize right travel interstate refusing pay bus fares indigent travelers find support cases view connecticut must show compelling interest decision fund elective abortions sherbert verner similarly inapplicable addition case decided significantly different context constitutionally imposed governmental obligation neutrality originating establishment freedom religion clauses first amendment buckley valeo drew distinction sustaining public financing federal election campaign act act provided public funds candidates others rejected asserted analogy cases american party texas white involved restrictions access electoral process cases however dealt primarily state laws requiring candidate satisfy certain requirements order name appear ballot course direct burdens candidate ability run office also voter ability voice preferences regarding representative government contemporary issues contrast denial public financing presidential candidates restrictive voters rights less restrictive candidates subtitle prevent candidate getting ballot voter casting vote candidate choice inability minority party candidates wage effective campaigns derive lack public funding inability raise private contributions disadvantage suffered operation eligibility formulae subtitle thus limited claimed denial enhancement opportunity communicate electorate formulae afford eligible candidates emphasis added omitted dissenting opinion justice brennan rejects distinction direct state interference protected activity state encouragement alternative activity argues previous abortion decisions inconsistent today decision stated decisions involved laws placed substantial obstacles pregnant woman path abortion recent decision carey population services international differs involved restrictions access contraceptives rather abortions justice brennan simply asserts connecticut regulation obvious impairment fundamental right established roe post suggested source purportedly obvious conclusion quotation singleton wulff yet justice blackmun careful note beginning opinion singleton case presented issues standing going merits dispute significantly justice brennan makes effort distinguish explain much analogous authority norwood harrison addition direct interest protecting fetus state may legitimate demographic concerns rate population growth concerns basic future state circumstances constitute substantial reason departure position neutrality abortion childbirth see generally wilkinson equal protection clause three faces constitutional equality rev much rhetoric three dissenting opinions equally applicable connecticut elected fund either abortions childbirth yet none dissents goes far argue constitution requires assistance indigent pregnant women chief justice burger concurring join opinion like read decision requiring state finance nontherapeutic abortion holdings roe wade doe bolton simply require state create absolute barrier woman decision abortion precedents suggest state constitutionally required assist procuring time time every state legislature determines matter sound public policy government provide certain health social services citizens encouragement childbirth child care novel undertaking regard various governments country others made determination centuries recent times similarly provided educational services decision provide one services provide required federal constitution providing particular service require matter federal constitutional law provision another state connecticut determined finance certain childbirth expenses legislative determination places barrier woman choice procure abortion require state provide accordingly concur judgment justice brennan justice marshall justice blackmun join dissenting district held connecticut refuses fund elective abortions funding therapeutic abortions prenatal postnatal care weights choice pregnant mother choosing exercise constitutionally protected right elective abortion choice affected simply absence payment abortion availability public funds childbirth chooses abortion state thus infringes upon fundamental interest must assert compelling state interest roe norton supp distressing insensitivity plight impoverished pregnant women inherent analysis stark reality many indigent pregnant women indigency makes access competent licensed physicians merely difficult impossible practical matter many indigent women feel choice carry pregnancies term state pay associated medical services even though chosen abortions state also provided funds procedure indeed state provided funds neither procedure disparity funding state clearly operates coerce indigent pregnant women bear children otherwise choose clearly coercion operate upon poor uniquely victims form financial pressure justice frankfurter words apt sanction ruthless consequence inevitably resulting money hurdle erected state justify anatole france add one item ironic comments majestic equality law law majestic equality forbids rich well poor sleep bridges beg streets steal bread griffin illinois concurring opinion premise equal protection claim presented claims interference enjoyment fundamental rights however occupied rather protean position constitutional jurisprudence whether analysis may reasonably proceed equal protection clause plainly errs ignoring unanswerable argument appellees holding district regulation unconstitutionally impinges upon claim privacy derived due process clause roe wade cases following hold area privacy invulnerable state intrusion surrounds decision pregnant woman whether carry pregnancy term connecticut scheme clearly impinges upon area privacy bringing financial pressures indigent women force bear children otherwise obvious impairment fundamental right established roe wade yet concludes connecticut regulation impinge upon fundamental right ante conclusion based perceived distinction one hand imposition criminal penalties procurement abortion present roe wade doe bolton absolute prohibition present planned parenthood central missouri danforth assertedly lesser inhibition imposed connecticut scheme ante last time brother powell espoused concept abortion case basic difference direct state interference protected activity state encouragement alternative activity consonant legislative policy ante refused adopt singleton wulff made explicit part ii brother blackmun opinion four us implicit brother stevens essential agreement analysis part concurring part part stated justice powell limit doe cases cited explaining cases state directly interfered abortion decision directly interdicted normal functioning relationship criminalizing certain procedures support language cited cases distinction moreover direct interference interdiction test appear supported precedent doctor afford work nothing woman afford pay state refusal fund abortion effective interdiction ever necessary furthermore since right simply right abortion right abortions nondiscriminatorily funded denial funding complete interdiction exercise right ever exist recently also privacy case squarely reaffirmed right privacy fundamental infringement upon right must justified compelling state interest carey population services international case struck entirety new york law forbidding sale contraceptives minors years old limiting persons sell contraceptives pharmacists forbidding advertisement display contraceptives new york law forbidding use contraceptives anyone including minors therefore absolute prohibition exercise fundamental right nevertheless statute declared unconstitutional burden right privacy words apply fully connecticut statute hardly explicit carey stated compelling course key word decision fundamental whether bear beget child involved regulations imposing burden may justified compelling state interests must narrowly drawn express interests carey relied specifically upon roe doe planned parenthood interpreted way flatly inconsistent interpretation today significance cases establish test must applied state regulations burden individual right decide prevent conception terminate pregnancy substantially limiting access means effectuating decision applied state statutes prohibit decision entirely finally cases involving fundamental rights also make clear concept constitutes impermissible infringement upon fundamental right pregnant woman choose abortion makes new law repeatedly found infringements fundamental rights limited outright denials rights first amendment decisions consistently held wide variety contexts test applicable outright denials also restraints make exercise rights difficult see sherbert verner free exercise religion naacp button freedom expression association linmark associates township willingboro freedom expression test applied voting cases even relatively small infringements upon voting power dilution voting strength caused malapportionment involved see reynolds sims chapman meier connor finch similarly cases involving right travel consistently held statutes penalizing fundamental right travel must pass muster test irrespective whether statutes actually deter travel memorial hospital maricopa county dunn blumstein shapiro thompson indigents asserting fundamental right access courts excused payment entry costs without required first show indigency absolute bar access griffin illinois douglas california boddie connecticut today thought nature fundamental right established roe open question let alone susceptible interpretation advanced fact connecticut scheme may operate absolute bar preventing indigent women abortions critical critical state inhibited fundamental right make choice free state interference manner connecticut burdened right freely choose abortion save medicaid program connecticut scheme distinguished grants withholdings financial benefits held unconstitutionally burdened fundamental right sherbert verner supra struck south carolina statute denied unemployment compensation woman religious reasons work saturday provided compensation unemployment stemmed number nonreligious causes even though proof indigency case sherbert held pressure upon forgo religious practice unmistakable therefore held effect fine imposed saturday worship though burden upon right privacy derived due process clause upon freedom religion free exercise clause first amendment governing principle connecticut grants withholds financial benefits manner discourages significantly exercise fundamental constitutional right indeed case application principle actually stronger verner since appellees indigents therefore even vulnerable financial pressures imposed connecticut regulation bellotti baird held today agrees ante state requirement unconstitutional unduly burdens right seek abortion connecticut unduly burdened fundamental right pregnant women free choose abortion state advanced compelling state interest justify interference choice although appellant argue justification concludes state interest protecting potential life fetus suffices ante since first trimester pregnancy involved case justification totally foreclosed overruling holding roe wade ith respect state important legitimate interest potential life compelling point viability occurring end second trimester appellant also argues justification relied upon namely state needs control amount limited public funds allocated public welfare budget brief appellant district correctly held however asserted interest wholly chimerical state assertion saves money declines pay cost welfare mother abortion simply contrary undisputed facts finally reasons render connecticut regulation unconstitutional also render invalid view requirement prior written certification woman attending physician abortion medically necessary requirement hospital submit request authorization professional services including statement indicating medical need abortion brief appellees reasons also strike requirement prior authorization payment connecticut department social services also suggests ante state may legitimate demographic concerns rate population growth might justify choice favor live births abortions conceivable circumstances might appropriate factor considered part state compelling interest one contends case indeed connecticut demographic concerns rate population growth