A Massachusetts law required minors to gain parental consent before having an abortion. However, if either or both of the parents refused, a judge of the superior court could allow a minor to have the procedure "for good cause shown."
Did the law unconstitutionally restrict the right of a minor to have an abortion?
The Court found the statute unconstitutional for two reasons. First, it allowed judicial authorization for an abortion to be withheld from a minor who is mature and competent enough to make the decision independently. Second, it required parental notification in all cases (parents were required to be notified if their daughter initiated proceedings in superior court) without allowing the minor to seek an independent judicial assessment of her competence to decide the abortion issue.
Decisions
Decision: 8 votes for Baird, 1 vote(s) against Legal provision: Due Process
Sort by Seniority
Judgment of the Court by Justice Lewis F. Powell, Jr.
