United States Third Circuit

In an action brought by a minor and her parents against Philadelphia and certain of its agents alleging they committed various constitutional and state law violations by providing the minor with emergency contraception without notifying her parents, or encouraging her to consult with them, dismissal of the constitutional claims is affirmed as: 1) plaintiffs failed to set forth facts supporting a substantive due process violation based on state interference with family relations, as there was no state coercion involved in the matter; 2) there is no constitutional right to parental notification of a minor child's exercise of reproductive privacy rights, and plaintiffs failed to establish a constitutional violation in that regard; and 3) plaintiffs failed to alleged facts showing a substantial burden was placed by defendants on their free exercise of religion.

Appellate Information

• Argued 01/16/2007
• Decided 09/21/2007
• Published 09/21/2007

Judges

• Before:  McKEE, AMBRO, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph P. Stanton, Esq., (Argued), Law Offices of Joseph P. Stanton Jenkintown, PA, Attorney for Appellants., Terry L. Fromson, David S. Cohen, Women's Law Project, Philadelphia, PA, Susan Frietsche, Women's Law Project, Pittsburgh, PA, Paul Messing, Kairys, Rudovsky, Epstein & Messing, Philadelphia, PA, Attorneys for Amici Curiae.


• For Appellees:
  
• Jane Lovitch Istvan, Esq., (Argued), Senior Attorney, Appeals, City of Philadelphia Law Department, Romulo L. Diaz, Jr., City Solicitor, Philadelphia, PA, Arthur B. Keppel, Esq., Charles A. Fitzpatrick, Esq., Rawle & Henderson, Philadelphia, PA, Attorney for Appellees.