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CLINIC FOR WOMEN, INC. v. BRIZZI

No. 49A05-0305-CV-259.

814 N.E.2d 1042 (2004)

CLINIC FOR WOMEN, INC., et al., Appellant-Plaintiff, v. Carl J. BRIZZI, on behalf of a defendant class of all Indiana Prosecuting Attorneys, Appellee-Defendant.

Court of Appeals of Indiana.

September 17, 2004.

Attorney(s) appearing for the Case

Kenneth J. Falk, Indiana Civil Liberties Union, Indianapolis, IN, Simon Heller, Janet Crepps, New York, NY, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Thomas M. Fisher, Special Counsel, Ellen H. Meilaender, Deputy Attorney General, Heather Hagan, Law Clerk, Indianapolis, IN, Attorneys for Appellee.

Eric Allan Koch, The Koch Law Firm, P.C., Bloomington, IN, Paul Benjamin Linton, Northbrook, IL, Attorneys for Amicus Curiae, Members of the Indiana General Assembly.

William J. Wood, Wood, Tuohy, Gleason, Mercer & Herrin, P.C., Indianapolis, IN, Attorneys for Amicus Curiae, Indiana Catholic Conference.

OPINION

VAIDIK, Judge.

CASE SUMMARY

Clinic for Women ("the Clinic") appeals the trial court's decision to dismiss its complaint challenging the constitutionality of Indiana Code § 16-34-2-1.1, the statute governing voluntary and informed consent to abortion. We find that article I, § 1 of the Indiana Constitution protects and is animated by privacy as a core constitutional value and that this state constitutional right of privacy extends...

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