| 词条 | H. L. v. Matheson |
| 释义 |
| Litigants = H. L. v. Matheson | ArgueDate = October 6 | ArgueYear = 1980 | DecideDate = March 23 | DecideYear = 1981 | FullName = H. L. v. Scott M. Matheson, Governor of Utah, et al. | USVol = 450 | USPage = 398 | ParallelCitations = 101 S. Ct. 1164; 67 L. Ed. 2d 388; 1981 U.S. LEXIS 81 | Prior = | Subsequent = | Holding = A state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty. | SCOTUS = 1975-1981 | Majority = Burger | JoinMajority = Stewart, White, Powell, Rehnquist | Concurrence = Powell | JoinConcurrence = Stewart | Concurrence2 = Stevens | Dissent = Marshall | JoinDissent = Brennan, Blackmun | LawsApplied = }} H. L. v. Matheson, 450 U.S. 398 (1981),[1] was a United States Supreme Court abortion rights case, according to which a state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty. OverviewA female minor, known by her initials H.L., was living in Utah with her parents when she became pregnant in 1978. A doctor advised H.L. that an abortion would be in her best medical interests. A Utah law enacted in 1974 required abortion providers to "[n]otify, if possible" the parents of any female under the age of majority who is scheduled to undergo an abortion, at least 24 hours before the abortion.[2] Violation was a misdemeanor subject to a fine up to $1000 and/or several months imprisonment. H.L. initiated a lawsuit as part of a proposed class action of unmarried unemancipated females, arguing that Utah's parental notification statute was unconstitutional. Scott M. Matheson, then the governor of Utah, was named as the defendant. The case made its way to the Utah Supreme Court, where the law was upheld as consistent with Roe v. Wade (1973). The judgment noted, among other points, that H.L.'s proposed class action was overly broad; and that the Utah statute mandated parental notification but did not grant parents authority to stop such an abortion. The case was appealed to the Supreme Court of the United States of America. Utah's statute was upheld on a 6 to 3 vote. See also
References1. ^{{ussc|name=H. L. v. Matheson|volume=450|page=398|year=1981}}. 2. ^Utah Code Annotated § 76-7-304(2). Note that as of 2008, the law has been revised to exclude parental notification requirement if a doctor advises an abortion is medically necessary to save the mother's life or avoid serious medical complications, if the parents have a history of abuse towards the minor female, if the pregnancy is a result of parental incest, or if the parents have not assumed responsibility for the minor's care and upbringing. Further reading
External links
| case = H. L. v. Matheson, {{ussc|450|398|1981|el=no}} | courtlistener =https://www.courtlistener.com/opinion/110432/hl-v-matheson/ | findlaw = https://caselaw.findlaw.com/us-supreme-court/450/398.html | googlescholar = https://scholar.google.com/scholar_case?case=10434918817997476102 | justia =https://supreme.justia.com/cases/federal/us/450/398/ | oyez =https://www.oyez.org/cases/1980/79-5903 | loc =http://cdn.loc.gov/service/ll/usrep/usrep450/usrep450398/usrep450398.pdf{{US14thAmendment|Due Process}}{{abortion-stub}}{{SCOTUS-stub}} 8 : United States Supreme Court cases|United States Supreme Court cases of the Burger Court|United States abortion case law|United States privacy case law|Right to abortion under the United States Constitution|Right to privacy under the United States Constitution|1981 in United States case law|Legal history of Utah |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。