Case Briefs- Civil and Constitutional Law Part 2

O initially the balance is in favor of the mothers

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Unformatted text preview: inculcation of a specific set of values in its youth members, and whose recreational facilities and activities are complementary to the organization’s primary purpose. Dothard v. Rawlinson (BFOQ) Women cannot be prison security guard because of height and weight under BFOQ Roe v. Wade (Privacy) • • • • • • Roe was pregnant and wanted an abortion, but she lived in Texas where abortions were illegal. Roe sued (Wade, the Dallas County DA), claiming that the Texas law was an unconstitutional violation of her right to privacy. o See Eisenstadt v. Baird (405 U.S. 438 (1972)), which said that a person has a fundamental privacy right to decide whether to have a child or not. The Trial Court found for Roe, but refused to grant an injunction. Roe appealed. The Appellate Court affirmed. Roe appealed. The US Supreme Court found the Texas law to be unconstitutional. o The US Supreme Court found that "a State criminal abortion that excepts from criminality only a life- saving procedure on behalf of the mother, without regard to the pregnancy stage and without recognition of the other interests involved is violative of the Due Process Clause of the 14th Amendment." o The Court noted that, at the time the Constitution was written there were no laws preventing abortion. o Texas argued that the purpose of the law was to protect the life of the unborn child, but the Court looked to the legislative history of the law and found that it was primarily done to protect women by restraining them from submitting to a procedure that placed their life in danger. Roe argued that medical advances had made abortions much safer for the woman, so the...
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