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STAM v. STATE

No. 7910SC546.

267 S.E.2d 335 (1980)

47 N.C. App. 209

Paul STAM, Jr. v. The STATE of North Carolina; James B. Hunt, Jr., Individually and in his official capacity as Governor of the State of North Carolina; Rufus Edmisten, in his official capacity as Attorney General of the State of North Carolina; Sara Morrow, Individually and in her official capacity as Secretary of the Department of Human Resources of the State of North Carolina; North Carolina Department of Human Resources; Robert Ward, Individually and in his official capacity as Director of the Division of Social Services of the Department of Human Resources of the State of North Carolina; Social Services Commission; James Wight, Individually and in his official capacity as Director of the Wake County Department of Social Services; Wake County, a body politic.

Court of Appeals of North Carolina.

June 17, 1980.

Attorney(s) appearing for the Case

Plaintiff appellant pro se.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Steven M. Shaber, Raleigh, for the State of North Carolina, appellee.

Michael R. Ferrell, County Atty., Raleigh, for Wake County, appellee.

PARKER, Judge.

Initially, plaintiff contends that the use of state tax monies for the funding of elective abortions through the State Abortion Fund is unconstitutional because a human fetus is a "person" within the meaning of Article I, Sections 1 & 19 of the North Carolina Constitution and is therefore entitled to the constitutional protections of those sections. We note at the outset that there is no federal constitutional requirement that a state provide funding...

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