| Hodgson V. Minnesota |
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| 1990 in law | |
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Hodgson v. Minnesota was a United States Abortion rights case ( June 25 , 1990 ), according to which a State Law may require notification of both parents before a minor can obtain an abortion, as long as a judicial alternative is present. Argued: November 29, 1989 Decided: June 25, 1990 Subjects: Privacy: Abortion, Including Contraceptives Facts of the Case Under Section 2 of a Minnesota statute regulating a minor's access to abortion, women under 18 were denied access to the procedure until 48 hours after both their parents had been notified. Exceptions were made in the cases of medical emergencies and women who were victims of parental abuse. Section 6 of the law allowed the courts to judicially bypass Section 2 if the young woman could maturely demonstrate that notification would be unwise. Question Presented Did the Minnesota abortion notification statute unconstitutionally restrict a minor's access to having an abortion? Conclusion The Court found Section 2 of the statute unconstitutional because requiring notification of both parents, whether or not both wanted to know or had taken responsibility for raising the child, did not serve a legitimate state interest. The Court favored notification of only one parent and a 48 hour waiting period. The Court upheld Section 6 of the law. |
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