Beal v. Doe

Beal v. Doe

Infobox SCOTUS case
Litigants = Beal v. Doe
ArgueDate =
ArgueYear =
DecideDate =
DecideYear =
FullName = Beal, Secretary, Department of Public Welfare of Pennsylvania, et al. v. Doe et al.
USVol = 432
USPage = 438
Citation =
Prior =
Subsequent =
Holding = The constitutionally protected right of abortion does not mean that states have to treat potential motherhood and abortion in the same manner.
SCOTUS = 1975-1981
Majority = Powell
JoinMajority = Burger, Stewart, White, Rehnquist, Stevens
Concurrence =
JoinConcurrence =
Concurrence2 =
JoinConcurrence2 =
Concurrence/Dissent =
JoinConcurrence/Dissent =
Dissent = Brennan
JoinDissent = Marshall, Blacknum
Dissent2 = Marshall
Dissent3 = Blacknum
JoinDissent3 = Brennan, Marshall
LawsApplied =

"Beal v. Doe", ussc|432|438|1977, was a United States Supreme Court case that concerned the disbursement of federal funds in Pennsylvania. Pennsylvania statute restricted federal funding to abortion clinics. The Supreme Court ruled states are not required to treat abortion in the same manner as potential motherhood. The opinion of the Court left the central holding of the "Roe v. Wade" decisionndash abortion as a rightndash intact. The statute was upheld, with Justice Powell writing the majority opinion.

Justices Stewart, Burger, White, Stevens, and Rehnquist joined Powell's opinion. The opinion did not disregard "Roe", instead "Beal" reaffirmed abortion as a right. The majority opinion asserts the constitutionally protected right of abortion does not mean that states have to treat potential motherhood and abortion in the same manner. Furthermore, the opinion allowed restriction of federal funding in first trimester of abortion. Powell continued by stating the law does not create poverty that hinders poor women from seeking abortion. In addition, Powell defends states preference in birth over abortion by claiming "Roe" does not bar preference.

ee also

*List of United States Supreme Court cases, volume 432
*"Maher v. Roe", ussc|432|464|1977
*"Poelker v. Doe", ussc|432|519|1977

Further reading

*cite journal |last=Gall-Clayton |first=N. |authorlink= |coauthors= |year=1978 |month= |title="Beal", "Maher" and "Poelker": The End of an Era |journal=Journal of Family Law |volume=17 |issue= |pages=49 | issn = 0891-6330 |url= |accessdate= |quote=
*cite book |title=Roe v. Wade: The Abortion Rights Controversy in American History |last=Hull |first=N. E. H. |authorlink= |coauthors=Hoffer, Peter C. |year=2001 |publisher=University Press of Kansas |location=Lawrence, Kan. |isbn=0700611428 |pages=

External links

* [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0432_0438_ZS.html Full text of "Beal v. Doe" decision]


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