Search:

Join our online Community

Community members will have expanded access to our site and can optionally receive communications not available to non-community members.

There is no charge, you just need to establish a login.

Current MCCL members will have even greater access when they login. Not a MCCL member? No problem. See our Become a Member page to learn more.

See something you like?
We accept tips!

Doe v. Bolton (1973)

Doe v. Bolton decision results in abortion on demand throughout pregnancy

More than 50 million unborn children have been aborted since the United States Supreme Court's Roe v. Wade (1973) and Doe v. Bolton (1973) decisions legalized abortion at any time during the pregnancy and for any reason (such as age, fear of pain, or family size). While Roe v. Wade is far more familiar to people, it is Doe v. Bolton that allows abortion for any reason.

In its Roe decision, the Court also set up a framework in which the woman's right to abortion and the state's right to protect potential life shift: During the first trimester of pregnancy, the Court ruled, a woman's privacy right is strongest and the state may not regulate abortion for any reason; during the second trimester, the state may regulate abortion only to protect the health of the woman; during the third trimester, the state may regulate or prohibit abortion to promote its interest in the potential life of the fetus, except where abortion is necessary to preserve the woman's life or health.

The meaning of "health"

Doe v. Bolton was meant to be read in conjunction with its more famous counterpart. In Doe, the Court ruled that a woman's right to an abortion could not be limited by the state if abortion was sought for reasons of maternal health. The Court defined health as "all factors – physical, emotional, psychological, familial, and the woman's age – relevant to the well-being of the patient." This health exception expanded the right to abortion for any reason through all three trimesters of pregnancy.

This definition is so broad and encompassing that it allows for wrong timing, marital status, fear of pain, too many children, weight gain, etc., as "health" reasons. Because of Doe, any reason for abortion can be construed as a health reason. Together with Roe v. Wade, Doe v. Bolton allows abortion for any reason and at any time during the pregnancy.

More than 50 million unborn babies have been aborted in the United States since the 1973 Roe v. Wade and Doe v. Bolton decisions, including than 500,000 unborn babies aborted in Minnesota.