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Hodgson v. Minnesota (1990)

In Brief

Hodgson v. Minnesota (1990): Court rules that two-parent notification for a minor's abortion is constitutional as long as judicial bypass is available

The Minnesota legislature passed a law requiring notice to both parents and a 48-hour waiting period for a minor's abortion (except in cases of emergency or parental abuse). It also provided that, if a court found the law unconstitutional, a judicial bypass would become effective allowing for minors to prove their maturity or for a court determination that an abortion without parental notice was in a minor's best interest.

A group of abortion doctors, clinics, and pregnant minors filed suit alleging that the statute violated the Constitution.

The Supreme Court ruled that the law was unconstitutional without the judicial bypass provision. The Court said two-parent notification can be harmful in cases of divorce or dysfunction and a one-parent notification requirement is sufficient to ensure that a minor's abortion decision is knowing and intelligent.

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