Brief of Jerome S. Luebbers, for Himself and 61 Other members of the Ohio General Assembly as Amici Curiae in Support of Appellant, State of Ohio - Ohio v. Akron Center for Reproductive Health, 497 U.S. 502 (1990)

Amici respectfully request the Court to reverse the decision of the Court of Appeals in Akron Center for Reproductive Health v. Slaby, 854 F.2d 852 (6th Cir. 1988). The Court of Appeals failed to give appropriate recognition to the tradition of deference to state policy in matters of family law. Indeed, the ocurt had nugatory regard for the family's constitutional interests at stake. The court below also failed to follow the rule that courts will not unduly speculate when judging statutes on their face. The Ohio parental notification statute carefully took account of the respective interests of the minor and of her parents. The bypass provisions fairly allocated the risk of error and provided for expeditious determination well within the requirements of due process. In all respects, therefore, the statute was drawn to protect the minor's due process rights. We request that the decision below be reversed and the constitutionality of the statute affirmed.