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BAIRD v. BELLOTTI

Civ. A. No. 74-4992-F.

393 F.Supp. 847 (1975)

William BAIRD et al., Plaintiffs, v. Francis BELLOTTI, Attorney General of the Commonwealth of Massachusetts, et al., Defendants, Jane Hunerwadel, Defendant-Intervenor.

United States District Court, D. Massachusetts.

April 28, 1975.

Attorney(s) appearing for the Case

Roy Lucas, Washington, D. C., Joan C. Schmidt, Boston, Mass., for plaintiffs.

Kenneth Behar, Asst. Atty. Gen., Boston, Mass., for defendant Quinn.

John V. Mahoney, II, Boston, Mass., for D. A. Garrett Byrne.

Mary T. Welby, Brian A. Riley, Mary Laura Russell, Robert Reynolds, Boston, Mass., for intervenors, Parents.

John Reinstein, Roger Stokey, Goodwin, Procter & Hoar, Boston, Mass., for Amici Curiae, Civil Liberties Union-Planned Parenthood.

George G. Burke, Dedham, Mass., Philip A. Rollins, New Bedford, Mass., Matthew H. Ryan, Jr., Springfield, Mass., John P. S. Burke, Salem, Mass., John M. Callahan, Northampton, Mass., John J. Droney, East Cambridge, Mass., A. Stanley Littlefield, Brockton, Mass., William T. Buckley, Worcester, Mass., for defendants district attorneys.

Before ALDRICH, Senior Circuit Judge, JULIAN, Senior District Judge, and FREEDMAN, District Judge.

OPINION

ALDRICH, Senior Circuit Judge.

This is an action brought as a class action, to enjoin, as unconstitutional on its face, the enforcement of a Massachusetts statute, Mass.G.L. c. 112, § 12P, enacted to take effect November 1, 1974, by Mass.Acts 1974, c. 706. The statute makes it a criminal offense to perform an abortion upon a minor without the consent of both parents as well as that of the minor, with certain exceptions, the most important being...

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