State v. Koome

530 P.2d 260, 84 Wash. 2d 901, 1975 Wash. LEXIS 1116
CourtWashington Supreme Court
DecidedJanuary 7, 1975
Docket42645
StatusPublished
Cited by59 cases

This text of 530 P.2d 260 (State v. Koome) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Koome, 530 P.2d 260, 84 Wash. 2d 901, 1975 Wash. LEXIS 1116 (Wash. 1975).

Opinions

Utter, J.

— Appellant, Dr. A. Frans Koome, was charged with performing an abortion on an unmarried minor woman without first obtaining the consent of her parents as required in RCW 9.02.070 (a). His sole defense at trial was that the statute, insofar as it gives parents or guardians the unlimited power to overrule their daughter’s decision to have a legal abortion, is unconstitutional. The trial court rejected that claim. We reverse.

In July 1972, a young woman, 16 years old, unmarried, pregnant, and for some 18 months a ward of the King County Juvenile Court, petitioned that court for an order allowing her to have an abortion. Her parents and her temporary guardian, Catholic Children’s Services, who had refused to consent to the operation, opposed the petition. A hearing was held at which considerable testimony and argument was presented, and after which the court entered the requested order authorizing the abortion.

The parents then petitioned this court for a writ of certiorari reviewing the order, and an immediate stay pending that review. The stay was granted, in effect suspending the consent to the abortion that the Juvenile Court had given, and Dr. Koome was advised of that fact. In spite of the stay, however, he performed the operation on August 15, 1972. For so contravening this court’s order, he was subsequently held in contempt. In re Koome, 82 Wn.2d 816, 514 P.2d 520 (1973).

Dr. Koome’s later criminal conviction for the same act, which is before us in this case, was under RCW 9.02.070, which reads in pertinent part:

A pregnancy of a woman not quick with child and not more than four lunar months after conception may be [903]*903lawfully terminated under RCW 9.02.060 through 9.02.090 only: (a) with her prior consent and, if married and residing with her husband or unmarried and under the age of eighteen years, with the prior consent of her husband or legal guardian, respectively, . . .

We hold that this statute too broadly encumbers the right of unmarried minor women to choose to terminate pregnancy, and unjustifiably discriminates between similarly situated groups of women in terms of their right to obtain a legal abortion. In so doing, we follow the unanimous decisions of the two three-judge federal courts and two lower state courts which have reviewed similar statutes. Coe v. Gerstein, 376 F. Supp. 695 (S.D. Fla. 1973), appeal dismissed, 417 U.S. 279, 41 L. Ed. 2d 68, 94 S. Ct. 2246 (1974); Doe v. Rampton, 366 F. Supp. 189 (D. Utah 1973); Jones v. Smith, 278 So. 2d 339 (Fla. App. 1973), cert. denied, 415 U.S. 958 (1974); In re P.J., 2 Family Planning/Population Reporter 57 (D.C. Super. Ct. Family Div. 1973).

In Roe v. Wade, 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct. 705 (1973), and Doe v. Bolton, 410 U.S. 179, 35 L. Ed. 2d 201, 93 S. Ct. 739 (1973), the United States Supreme Court held that “the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action” contains a right of privacy which “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” Roe v. Wade, supra at 153. Following a long line of its cases the court characterized this right, like others involving control of one’s reproductive functions, as “fundamental.” Roe at page 155. Cf. Skinner v. Oklahoma, 316 U.S. 535, 86 L. Ed, 1655, 62 S. Ct. 1110 (1942); Griswold v. Connecticut, 381 U.S. 479, 14 L. Ed. 2d 510, 85 S. Ct. 1678 (1965); Eisenstadt v. Baird, 405 U.S. 438, 453-54, 31 L. Ed. 2d 349, 92 S. Ct. 1029 (1972); Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632, 39 L. Ed. 2d 52, 94 S. Ct. 791 (1974).

The Roe and Doe decisions held that state statutes which denied or conditioned the right of adult women to choose abortion were inadequately justified, and consequently vio[904]*904lative of due process. Roe at page 164. Those cases did not present the court with the question of the constitutionality of parental and spousal consent requirements such as those of RCW 9.02.070(a). See Roe v. Wade, supra at 165 n.67. But they established principles for analysis of state action affecting the right of any woman to terminate an unwanted pregnancy which clearly control our decision in this case. Application, of these principles compels the conclusion that the parental consent requirement of RCW 9.02.070 (a) unduly infringes upon the right of privacy implicit in the fourteenth amendment to the Constitution of the United States and article 1, section 3 of the Washington State Constitution.

Prima facie, the constitutional rights of minors, including the right of privacy, are coextensive with those of adults. Where minors’ rights have been held subject to curtailment by the state in excess of that permissible in the case of adults it has been because some peculiar state interest existed in the regulation and protection of children, not because the rights themselves are of some inferior kind. Prince v. Massachusetts, 321 U.S. 158, 168-70, 88 L. Ed. 645, 64 S. Ct. 438 (1944); Ginsberg v. New York, 390 U.S. 629, 638, 20 L. Ed. 2d 195, 88 S. Ct. 1274 (1968). In some other cases minors’ rights have been differentiated from those of adults because of a fundamental difference in the nature of the particular state interaction with juveniles. McKeiver v. Pennsylvania, 403 U.S. 528, 547-50, 29 L. Ed. 2d 647, 91 S. Ct. 1976 (1971); In re Lewis, 51 Wn.2d 193, 316 P.2d 907 (1957); Estes v. Hopp, 73 Wn.2d 263, 438 P.2d 205 (1968).

Several courts have upheld minors’ privacy rights where no such special context or state interest existed. E.g., Breen v. Kahl, 419 F.2d 1034 (7th Cir. 1969), cert. denied, 398 U.S. 937 (1970); Coe v. Gerstein, supra; Doe v. Rampton, supra at 202-03; Merriken v. Cressman, 364 F. Supp. 913 (E.D. Pa. 1973). Recognition of the equal status of the rights of minors seems particularly necessary with regard to the privacy rights involved here. In Roe, at page 153, Justice [905]*905Blackmun emphasized that the right to terminate pregnancy was made vital in part by the potential dangers and difficulties of childbearing:

The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Pers. Restraint of Monschke
482 P.3d 276 (Washington Supreme Court, 2021)
Hodes & Nauser, MDS, P.A. v. Schmidt
440 P.3d 461 (Supreme Court of Kansas, 2019)
State v. Planned Parenthood of Alaska
171 P.3d 577 (Alaska Supreme Court, 2007)
State v. Baxter
134 Wash. App. 587 (Court of Appeals of Washington, 2006)
Andersen v. King County
158 Wash. 2d 1 (Washington Supreme Court, 2006)
In Re Custody of Shields
136 P.3d 117 (Washington Supreme Court, 2006)
Shields v. Harwood
157 Wash. 2d 126 (Washington Supreme Court, 2006)
State v. Heming
90 P.3d 62 (Court of Appeals of Washington, 2004)
Litowitz v. Litowitz
10 P.3d 1086 (Court of Appeals of Washington, 2000)
In re the Marriage of Litowitz
102 Wash. App. 934 (Court of Appeals of Washington, 2000)
In Re Custody of Smith
969 P.2d 21 (Washington Supreme Court, 2000)
Smith v. Stillwell-Smith
969 P.2d 21 (Washington Supreme Court, 1998)
Pro-Choice Mississippi v. Fordice
716 So. 2d 645 (Mississippi Supreme Court, 1998)
Pro-Choice Mississippi v. Kirk Fordice
Mississippi Supreme Court, 1995
In Re Juveniles A, B, C, D, E
847 P.2d 455 (Washington Supreme Court, 1993)
Bering v. Share
721 P.2d 918 (Washington Supreme Court, 1986)
Peninsula Counseling Center v. Rahm
719 P.2d 926 (Washington Supreme Court, 1986)
In Re the Welfare of Colyer
660 P.2d 738 (Washington Supreme Court, 1983)
H. L. v. Matheson
450 U.S. 398 (Supreme Court, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
530 P.2d 260, 84 Wash. 2d 901, 1975 Wash. LEXIS 1116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-koome-wash-1975.