DOE v. DEP'T. OF SOCIAL SERVICES

Docket Nos. 91092, 91093, (Calendar No. 12).

439 Mich. 650 (1992)

487 N.W.2d 166

DOE v. DEPARTMENT OF SOCIAL SERVICES

Supreme Court of Michigan.

Decided June 9, 1992.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and John Wernet and John M. Konwinski, Assistant Attorneys General, for the defendants.

Dykema, Gossett (by John B. Curcio, Richard D. McLellan, and Ronald J. Torbert) for the intervening defendants.

Amici Curiae:

William J. Coughlin, Clarke D. Forsythe, and Kevin J. Todd for Michigan Senators and Representatives and Americans United for Life.

Joseph W. Dellapenna for the American Academy of Medical Ethics.

Mark Granzotto, Monica Farris Linkner, and Charles P. Burbach for the Michigan Trial Lawyers Association.

Varnum, Riddering, Schmidt & Howlett (by Robert J. Eleveld and Teresa S. Decker); May & May, P.C. (by Alan A. May), for Michigan's Republicans for Choice.

George E. Bushnell, Jr., Gregory L. Curtner, Abigail Elias, Megan P. Norris, Ellen M. Tickner, Carl H. Von Ende, and John H. Willems for Michigan Nurses Association and Detroit Medical Society.

Marcy J. Wilder, Dawn Johnsen, and Lois Eisner Murphy; (Deborah Levine, Nory Miller, and Michael C. Small, of counsel), for National Abortion Rights Action League, Michigan Abortion Rights Action League, and forty-five national and Michigan organizations committed to women's equality.

James K. Robinson, Marietta S. Robinson, and Joanne Fitzgerald Ross for the Detroit Chapter of National Organization of Women of Michigan, the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), the League of Women Voters of Michigan, Michigan Welfare Rights Organization, the National Counsel of Jewish Women, Greater Detroit Section, Inc., Planned Parenthood League, Inc., the Religious Coalition for Abortion Rights, the Wolverine Bar Association, and the Women Lawyers Association of Michigan.

Gail S. Benson for the Women's Law Caucus, National Lawyer's Guild, "The Coalition" Students for Choice, and Wayne State University Gay and Lesbian Law Caucus.


GRIFFIN, J.

A statute which became law as the result of a vote of the people of Michigan prohibits the use of public funds to pay for an abortion unless the abortion is necessary to save the mother's life. We are required to decide whether that statute, § 109a of the Social Welfare Act,1 violates the equal protection guarantee of the Michigan Constitution.2 The...

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