Bellotti v. Baird, 443 U.S. 622 (1979).


Facts: Dr. Baird (P) filed suit in federal district court to enjoin enforcement of a Massachusetts statute. After the district court enjoined, the Supreme Court vacated and remanded for certification to the Massachusetts Supreme Judicial Court for construction. As construed, the statute required a minor who wanted an abortion to attempt to obtain parental consent. If the parents would not consent, the minor could only obtain an abortion if judicial approval were given. The minor would have to bring an action in state court. The court could approve the abortion if it found the abortion to be in the best interests of the minor. The United States District Court found the statute to be unconstitutional. The Attorney General of Massachusetts (D) appeals.

Issue: Is a statute that requires a minor to attempt to obtain parental consent for an abortion and, failing that, prohibits a minor from obtaining an abortion without obtaining judicial approval unconstitutional?

HOLDING: Yes. The Supreme Court, in separate opinions by Mr. Justice Powell and Mr. Justice Stevens, held that Massachusetts statute requiring pregnant minor seeking an abortion to obtain the consent of her parents or to obtain judicial approval following notification to her parents unconstitutionally burdened the right of the pregnant minor to seek an abortion.

ANALYSIS:
a) While minors have constitutional rights, these rights must be applied with sensitivity for the special needs of parents and children.
b) The constitutional rights of children cannot be equated with those of adults because of children's peculiar vulnerability, their inability to make decisions in a mature manner, and the importance of parental supervision.
c) Usually, a state may determine that parental consultation, if not consent, is mandatory. But abortion privacy is a unique right and minors should not have to consult with parents before exercising that right.
d) The requirement of obtaining both parents' consent was not, in the context here, unconstitutional. If the minor is found to be mature, the court must allow her to have an abortion whether or not it thinks the abortion is in her best interest.