U.S. Supreme Court
DOE v. SMITH , 486 U.S. 1308 (1988)
486 U.S. 1308
John DOE
v.
Jane SMITH.
No. A-954.
June 15, 1988.
Justice STEVENS, Circuit Justice.
Applicant has filed an application with me as Circuit Justice
to enter an order enjoining Jane Smith from obtaining an abortion
of their unborn child. For the reasons hereinafter stated, the
application is denied.
Applicant initiated proceedings seeking this relief from the
Elkhart, Indiana, Superior Court on May 31, 1988. After granting a
temporary restraining order without notice, the Superior Court held
an evidentiary hearing, made detailed findings of fact, conclusions
of law, and filed a written opinion. The findings recite, in
part:
"5) That the unrebutted testimony
from both the parties is that the Plaintiff is the natural father
of the unborn child of the mother.
"7) That the child was conceived
in April of 1988 during a liaison between the mother and the
father, which commenced in February or March and terminated shortly
after conception.
"8) That at the time conception
occurred, the father was separated from his wife of six months, and
upon leaving the Defendant he became reunited with his first
wife.
"9) That the father has two
children, one his biological issue, with his first wife.
* * * * *
"12) That the father has been
sporadically employed at low- paying jobs for the last eighteen
months.
"13) That the mother has testified
she is physically, emotionally and economically unwilling to bear
the child.
"14) That the parties mutually
agree that there is no foreseeable possibility of their reuniting
in any way."
In his opinion, the trial judge stated, in part:
"While the Court has carefully
weighed the testimony, it is apparent that although the Plaintiff
has expressed a legitimate and apparently sincere interest in the
unborn fetus, his interest would not be sufficient to outweigh the
Constitutionally protected right of the Defendant to abort her
child. It would appear from the Danforth decision that in order to
require the mother to carry a child to term against her wishes, the
father must demonstrate clear and compelling reasons justifying
such actions. In this case, the father has failed to do so.
Reviewing the undisputed facts presented in this Cause, the Court
is unable to find that the interests of the Plaintiff outweigh the
interest of the Defendant. It is significant that, among other
facts, the evidence discloses the parties are not married, that
there is no suggestion they will ever reunite, that the Plaintiff
is able to father other children and, in fact, has other children,
and that the Plaintiff has showed substantial instability in his
marital and roman- [486 U.S. 1308 , 1310]
Comments
Be the first to comment
Leave a Comment