The District Court's injunction against enforcement of the
Louisiana abortion statute is vacated insofar as it bars
enforcement of the "informed consent" requirements, and the case is
remanded to that court to consider the construction of such
requirements, their validity in light of
Planned Parenthood of
Central Missouri v. Danforth, 428 U. S.
52,
428 U. S. 65-67,
and their severability from the remainder of the statute.
Vacated and remanded.
PER CURIAM.
A Louisiana statute
* forbids
performance of an abortion on a minor without her parents' consent,
or her husband's consent if she is married. The United States
District Court for the Eastern District of Louisiana enjoined
enforcement of the statute. Its decision discusses only these
special requirements for abortions on minors, but the injunction
appears
Page 429 U. S. 400
to extend to the entire statute, and thus includes "informed
consent" requirements applicable to all women. We vacate the
injunction insofar as it bars enforcement of the "informed consent"
requirements, and remand to the District Court so that it may
consider the construction of those requirements, their validity in
light of this Court's intervening decision in
Planned
Parenthood of Missouri v. Danforth, 428 U. S.
52,
428 U. S. 65-67
(1976), and their severability from the remainder of the
statute.
So ordered.
* Louisiana Rev.Stat.Ann. § 40:1299.33(D) (Supp. 1976) reads as
follow:
"No abortion shall be performed on any woman unless prior to the
abortion she shall have been advised, orally and in writing, that
she is not required to submit to the abortion and that she may
refuse any abortion for any reason and without explanation and that
she shall not be deprived of any governmental assistance or any
other kind of benefits for refusing to submit to an abortion. This
provision shall be of full force and effect notwithstanding the
fact that the woman in question is a minor, in which event said
minor's parents or if a minor emancipated by marriage, the minor's
husband, shall also be fully advised of their right to refuse an
abortion for the minor in the same manner as the minor is advised.
Compliance with this provision shall be evidenced by the written
consent of the woman that she submits to the abortion voluntarily
and of her own free will, and by written consent of her parents, if
she is an unmarried minor, and by consent of her husband if she is
a minor emancipated by marriage, such written consent to set forth
the written advice given and the written consent and acknowledgment
that a full explanation of the abortion procedure to be performed
has been given and is understood."
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