Under Section 2 of a Minnesota statute regulating a minor's access to abortion, women under 18 were denied access to the procedure until 48 hours after both their parents had been notified. Exceptions were made in the cases of medical emergencies and women who were victims of parental abuse. Section 6 of the law allowed the courts to judicially bypass Section 2 if the young woman could maturely demonstrate that notification would be unwise.
Did the Minnesota abortion notification statute unconstitutionally restrict a minor's access to having an abortion?
The Court found Section 2 of the statute unconstitutional because requiring notification of both parents, whether or not both wanted to know or had taken responsibility for raising the child, did not serve a legitimate state interest. The Court favored notification of only one parent and a 48 hour waiting period. The Court upheld Section 6 of the law.
Decisions
Decision: 5 votes for Minnesota, 4 vote(s) against Legal provision: Due Process
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Full Opinion by Justice John Paul Stevens
