In Beal v. Doe the United States Supreme Court held that Title XIX of the Social Security Act permits but does not require states participating in the Medicaid program established by that Act to fund nontherapeutic abortions. In the companion cases of Maher v. Roe and Poelker v. Doe, the same majority held in Maher that the Equal Protection Clause does not require a state that funds childbirth and therapeutic abortions to also fund the costs of nontherapeutic abortions, and in Poelker, that the Constitution does not prohibit a state or city from forbidding the performance of elective abortions in public hospitals while providing hospital services for childbirth. Thus, the Court addressed both the statutory and constitutional issues which have divided the lower federal courts.
"State Funding of Nontherapeutic Abortions; Medicaid Plans; Equal protection; Right to Choose an Abortion; Beal v. Doe, Maher v. Roe, Poelker v. Doe,"
Akron Law Review: Vol. 11
, Article 6.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol11/iss2/6