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AKRON CENTER FOR REPRODUCTIVE HEALTH v. SLABY

No. 86-3664.

854 F.2d 852 (1988)

AKRON CENTER FOR REPRODUCTIVE HEALTH, an Ohio corporation; Max Pierre Gaujean, M.D., individually and on behalf of his patients; Patty Poe, a minor, individually and on behalf of all other similarly situated persons, Plaintiffs-Appellees, v. Lynn SLABY, etc.; et al., Defendants, v. STATE OF OHIO, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1988.

Attorney(s) appearing for the Case

David J. Kovach, Asst. Atty. Gen., Cleveland, Ohio, Rita S. Eppler (argued) Asst. Atty. Gen., Columbus, Ohio, for intervenor-appellant.

Linda R. Sogg (argued), Thomas, Hine & Flory, Cleveland, Ohio, Bruce Campbell, ACLU of Ohio Foundation, Inc., Columbus, Ohio, Roger K. Evans, Planned Parenthood Fed. of America, Inc., New York City, for plaintiffs-appellees.

Robert R. Melnick, Youngstown, Ohio, for amicus curiae (Rutherford).

Before MARTIN, MILBURN and GUY, Circuit Judges.

MILBURN, Circuit Judge.

Intervenor-appellant State of Ohio appeals the judgment of the district court declaring Ohio Amended Substitute House Bill 319 (H.B. 319) unconstitutional. H.B. 319, which enacted Ohio Rev.Code §§ 2151.85 and 2505.073 and amended Ohio Rev.Code § 2919.12, requires parental notification by physicians who intend to perform abortions on unmarried, unemancipated women under the age of eighteen. For the reasons that follow, we affirm...

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