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IND. PLANNED PARENTHOOD v. PEARSON

No. 82-2827.

716 F.2d 1127 (1983)

INDIANA PLANNED PARENTHOOD AFFILIATES ASSOCIATION, INC., a not-for-profit Indiana Corporation; Planned Parenthood Association of Northwest Indiana, Inc., a not-for-profit Indiana Corporation; Ralph Streeter, M.D. and Clarence W. Boone, M.D., individually and as representatives for all other physicians similarly situated; Sally Boe and Jane Doe, individually and as representatives for all minors similarly situated, Plaintiffs-Appellants, v. Linley E. PEARSON, as Attorney General of the State of Indiana; Stephen R. Goldsmith, as Prosecuting Attorney for the Nineteenth Judicial Circuit of the State of Indiana and as representative for all other Prosecuting Attorneys similarly situated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 1983.

Attorney(s) appearing for the Case

Lynn I. Miller, Katharyn M. Marks, Gaffney, Anspach, Schember, Klimaski & Marks, Washington, D.C., William T. Rosenbaum, Dillon, Hardamon & Cohen, Indianapolis, Ind., for plaintiffs-appellants.

James Bopp, Jr., Brames, Bopp & Haynes, Terre Haute, Ind., for defendants-appellees.

Before PELL and POSNER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

PELL, Circuit Judge.

In this case we are asked to decide the constitutionality of several sections of an Indiana statute requiring that no physician perform an abortion upon an unemancipated minor without first notifying the minor's parents. In particular, the appellants challenge the constitutional sufficiency of the procedures established by the statute whereby an unemancipated minor may petition for waiver of the notification requirement on the grounds that she...

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