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IN RE BROWN

No. 1-96-2316.

689 N.E.2d 397 (1997)

294 Ill. App.3d 159

228 Ill.Dec. 525

In re Fetus BROWN (The People of the State of Illinois, Petitioner-Appellee, v. Darlene Brown, Respondent-Appellant, and The Public Guardian of Cook County, Respondent-Appellant/Cross-Appellee).

Appellate Court of Illinois, First District, Fifth Division.

December 31, 1997.

Attorney(s) appearing for the Case

Patrick T. Murphy, Lee Ann Lowder, Kathleen G. Kennedy, Office of the Cook County Public Guardian, Chicago, for Fetus.

Donald T. Ridley, Patterson, NY; Patricia Spaulding Moore, Chicago, for Respondent-Appellant Darlene Brown.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Kenneth T. McCurry, Nancy L. Grauer, Assistant State's Attorneys, of counsel), for Petitioner-Appellee The People.

Timothy L. Rowells, Chicago, for Amicus Curiae Watchtower Bible % Tract Society.

Justice THEIS delivered the opinion of the court:

The issue before this court is whether a competent, pregnant woman's right to refuse medical treatment, which, in this case involves religiously offensive blood transfusions, may be overridden by the State's substantial interest in the welfare of the viable fetus.

The tensions present in this issue are palpable. Questions of morality and legality converge, requiring consideration of the obligations of a pregnant...

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