Archive for the ‘Family Planning’ Category
Planned Parenthood of Central Missouri v. Danforth – Abortion
The state cannot delegate to a spouse a veto power over abortion which the state itself is prohibited from exercising during the first trimester of pregnancy. The State may not constitutionally impose a parental consent requirement as a condition for an unmarried minor’s abortion during the first 12 weeks of pregnancy. […]
In re Grady – Sterilization
The court must determine if it is in the best interests of an incompetent to undergo sterilization. Sterilization of incompetents has been the subject of abuse in the past. This decision involves a variety of factors well suited to rational development in judicial proceedings and the court is best suited to evaluate these factors and to reach a fair decision of what is in the incompetent’s best interests. [...]
Carey v. Population Services International – Contraceptives
A state may not ban the advertising of nonprescription over-the-counter contraceptives, prohibit sales to minors under 16 years of age, or require that sales be made by licensed pharmacists only. Any state action infringing upon a fundamental liberty interest can be justified only by a compelling state interest and must be narrowly drawn to express only the legitimate state interests at stake. The right to privacy for procreation extends to those areas of life necessary and proper to exercise those rights.
Hodgson v. Minnesota – Abortion Rights
The requirement of notice to both a minor’s parents prior to an abortion is not reasonably related to legitimate state interests. The court held that the requirement that a minor wait 48 hours after notification of a single parent is proper, and the requirement that both parents be notified does not reasonably further any legitimate state interest.