Harry Blackmun

“ Appellees, however, on their part, take an entirely different view of the statute. They argue that the statute [p. 146] creates a right to a parental veto, [13] that it creates an irrebuttable presumption that a minor is incapable of informed consent, [14] and that the statute does not permit abortion without parental consent in the case of a mature minor or, in the case of a minor incapable of giving consent, where the parents are irrationally opposed to abortion. ”

“ We do not accept appellees' assertion that the Supreme Judicial Court of Massachusetts inevitably will interpret the statute so as to create a "parental veto," require the superior court to act other than in the best interests of the minor, or impose undue burdens upon a minor capable of giving an informed consent. ”

“ But even if it should be found that parents may have rights of a Constitutional dimension vis-à-vis their child that are separate from the child's, we would find that in the present area the individual rights of the minor outweigh the rights of the parents, and must be protected. ”

“ Appellees specifically object to abstention. Their objection is based upon their opinion that "the statute gives to parents of minors an unbridled veto," Brief for Appellees 49, and that once that veto is exercised, the minor has the burden of proving to the superior court judge that "good cause" exists. ”

“ Koome, 84 Wash. 2d 901, 530 P.2d 260 (1975) .↑ . " [The statute can] force a pregnant sixteen year old to become a seventeen year old mother because her own mother wants a grandchild." Brief for Appellees 33.↑ . " [T] he parental consent statute constitutes a legislative decree that no person under age 18 is competent to consent to an abortion. This contravenes the line of decisions which have struck down certain irrebutable presumptions as violative of due process." Id., at 42. ↑ . "The statute has no exception for mature minors, or other minors with immature, emotionally upset parents." ”

“ Indiana State Employees Assn., 423 U.S. 6 (1975) . ↑ . Prior to the enactment of that statute, the consent procedure in regard to abortion, at least as interpreted by appellants, was arguably merely a codification of the common law. See Brief for Appellants 24-39. The new legislation, Mass. Acts and Resolves 1975, c. 564, approved Aug. 28, 1975, reads:↑ . There is no indication that the Massachusetts certification procedure is inadequate. Indeed, the dissent in the District Court cited a prior case in which the procedure was employed with no apparent difficulty. ”

“ Oct. 8, 1975) ; Planned Parenthood Assn. v. Fitzpatrick, 401 F.Supp. 554 (ED Pa. 1975) ; Foe v. Vanderhoof, 389 F.Supp. 947 (Colo. 1975) ; Gary-Northwest Indiana Women's Services v. Bowen, Civ. Action No. ”