4 Md. L. F. 113 (1973-1974)
Does the State Action Doctrine Compel Nominally Private Hospitals to Make Abortion Services Available Despite Conscience Clauses

handle is hein.journals/marylf4 and id is 113 raw text is: Does the State Action Doctrine
Compel Nominally Private
Hospitals to Make
Abortion Services Available
Despite Conscience Clauses?
by Nancy B. Shuger
The author is a third year student at the Uni-
versity of Maryland School of Law. She serves
on the Moot Court Board and was a member of
the team which represented the School at the
1973 National Moot Court Competition. She
also serves as a law clerk for the Prisoner As-
sistance Project of the Baltimore Legal Aid
Bureau, Inc.

R  ecently women and physicians have at-
tempted to exercise their judicially guar-
anteed right to privacy by seeking and pro-
viding abortions. Acquiring and rendering
these services poses a practical, not merely an
academic, problem. Among the principal obsta-

cles to abortion are the conscience clauses
found in federal and state health statutes which
allow medical facilities to refuse to perform
abortions if the procedure violates the institu-
tions' religious beliefs or moral convictions.'
These conscience clauses attempt to circumvent

1974

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