Opinion

Sturgis v. Attorney General

  • 358 Mass. 37
  • 260 N.E.2d 687
  • 1970 Mass. LEXIS 690
Court
Massachusetts Supreme Judicial Court
Filed
Jun 29, 1970
Status
Published
Author
Cutter
On the bench
Wilkins, Spalding, Cutter, Kirk, Spiegel, Reardon, Quirico
Cited by
9 cases
Authority
More cited than 8.9%

The opinion

Cutter, J. and Spiegel, J.

(dissenting). We do not agree with the opinion. In general our views on the broad aspects of the question of birth control assistance for unmarried persons have been stated in our dissenting opinions in Commonwealth v. Baird, 355 Mass. 746, 756, 758 . In accordance with those views we would hold unconstitutional these statutes which make it a felony for even highly qualified doctors, in the exercise of professional judgment, to prescribe contraceptive drugs or devices for unmarried patients.

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