The right of privacy includes the right of a woman to have an abortion under certain circumstances without undue interference from the state. However, the court has also held that the state has a compelling interest in protecting the woman and fetus, which may be in conflict.
- PRE-VIABILITY RULE: A state may adopt regs protecting the mother's health and the life of the fetus only if the reg does not impose an undue burden or substantial obstacle on the woman's right to have an abortion. A statute will not impose a substantial obstacle or an undue burden simply because it has the incidental effect of making it more difficult or more expensive to obtain an abortion.
- -- Informed consent -- no undue burden;
- -- Waiting period -- no undue burden;
- -- Parental consent -- no undue burden;
- -- Spousal consent -- UNDUE burden;
- -- Physician only requirement -- no undue burden;
- -- Partial-birth abortion ban -- no undue burden.
POST-VIABILITY RULE: The state's interests in the fetus's life can override the woman's right to choose an abortion, but it does not override the state's interest in the woman's health. Thus, after viability the state can prohibit a woman from obtaining an abortion unless the abortion is necessary to protect her life or health.
Neither federal nor local gov'ts are required to grant medical benefit payments for abortions to indigent women, even if they grant benefits to indigent women for childbirth services. A state may prohibit public abortion funding by prohibiting the use of public facilities for abortions and prohibiting any public employee acting with in the scope of her employment from performing or assisting in the performance of abortions.