PLANNED PARENTHOOD v. FARMER


762 A.2d 620 (2000)

165 N.J. 609

PLANNED PARENTHOOD OF CENTRAL NEW JERSEY; Planned Parenthood Association of the Mercer Area; American Academy of Pediatrics/New Jersey Chapter; Metropolitan Surgical Associates, Inc., d/b/a Metropolitan Medical Associates; Cherry Hill Women's Surgery Center; Women's Choice Medical Center; Doctors of West New York; South Jersey Women's Center; Gyne Surgical Associates of Middlesex County, P.A.; Women's Surgicare of Howell, P.A.; Gerson Weiss, M.D.; Herbert Holmes, M.D. and George Dainoff, D.O., Plaintiffs-Appellants, v. John J. FARMER, Jr., Attorney General of the State of New Jersey, in his official capacity, and his successors in office; Christine Grant, Commissioner, Department of Health and Senior Services of the State of New Jersey, in her official capacity, and her successors in office; Hon. Richard S. Williams, Director, Administrative Office of the Courts of the State of New Jersey, in his official capacity, and his successors in office, Defendants-Respondents.

Supreme Court of New Jersey.

Decided August 15, 2000.


Attorney(s) appearing for the Case

Jennifer Dalven, New York City, a member of the New York bar, argued the cause for appellants (Lenora M. Lapidus, Director, American Civil Liberties Union of New Jersey, attorney; Ms. Lapidus, Ms. Dalven, Catherine Weiss and Julie Sternberg, a member of New York bar, on the brief).

Michael J. Haas, Assistant Attorney General, argued the cause for respondents (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

Michael Patrick Carroll, Morristown, submitted a brief on behalf of amicus curiae New Jersey Right to Life.

James Katz, Cherry Hill, submitted a brief on behalf of amici curiae American Medical Women's Association, Inc., the Society for Adolescent Medicine, and Physicians for Reproductive Choice and Health (Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, attorneys).

Russell J. Passamano, Morristown, submitted a brief on behalf of amici curiae Life Education and Resource Network— New Jersey, LifeNet, Inc., Abortions Aftermath, League of American Families and New Jersey Family Policy Council.

Ann R. Bartlett, Clinton, submitted a brief on behalf of amicus curiae New Jersey State Bar Association.


The opinion of the Court was delivered by PORITZ, C.J.

In this appeal plaintiffs challenge a state statute that conditions a minor's right to obtain an abortion on parental notification unless a judicial waiver is obtained, but imposes no corresponding limitation on a minor who seeks "medical and surgical care [otherwise] related to her pregnancy or her child." N.J.S.A. 9:17A-1; §§ 1.2 et seq. The State responds that its substantial interests...

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