ins at conception," ("upon the fertilization of the ovum of a female by a sperm of a male"); that "unborn children have protectable interests in life, health and well-being;" and that the unborn child had the same rights as anyone else, subject to the federal Constitution and the precedents set by the Supreme Court. In the main body of the statute, Section 188.029, a physician prior to performing an abortion on any fetus he or she believes to be 20 or more weeks' in gestation since conception, must determine whether the fetus is "viable" by performing "such medical examinations and tests as are necessary to make a finding of the fetus' gestational age, weight and lung maturity." Other key provisions, Sections 188.210 and 188.215, prohibited the use of public employees and facilities to perform or assist on abortions which were not necessary to save the mother's life and, under Sections 188.205, 188.210 and 188.215, made it unlawful to use public funds, employees or facilities for the purpose of encouraging or counselling a women to have an abortion which was not necessary to save her life.
I. Did the Preamble to the Missouri statute constitute a violation by the State of Missouri of the Fourteenth Amendment to the Constitution?
The decision of the Court was that it was unnecessary for the Court to decide this question.
II. Was the ban on the use of public facilities and personnel for non-life saving abortions constitutional under the 14th Amendment?
The holding of the Court was that the ban did not violate the 14th Amendment.
III. Was the prohibition against the use of public funds, employees or facilities for encouraging or counselling a woman to have a non-life saving abortion constitutional under the 14th Amendment?
The court decided that it need not address that question.
IV. Were the affirmative duties imposed on physicians a violation of the Due Process Clause of the 14th Amendment?
The holdin...