Beal v. Doe

Beal v. Doe, 432 U.S. 438 (1977), was a United States Supreme Court case that concerned the disbursement of federal funds in Pennsylvania. Pennsylvania statute restricted federal funding to abortion clinics. The Supreme Court ruled states are not required to treat abortion in the same manner as potential motherhood. The opinion of the Court left the central holding of the Roe v. Wade decision — abortion as a right — intact. The statute was upheld, with Justice Powell writing the majority opinion.

Justices Stewart, Burger, White, Stevens, and Rehnquist joined Powell's opinion. The opinion did not disregard Roe, instead Beal reaffirmed abortion as a right. The majority opinion asserts the constitutionally protected right of abortion does not mean that states have to treat potential motherhood and abortion in the same manner. Furthermore, the opinion allowed restriction of federal funding in first trimester of abortion. Powell continued by stating the law does not create poverty that hinders poor women from seeking abortion. In addition, Powell defends states preference in birth over abortion by claiming Roe does not bar preference.