Greater Balt. Ctr. for Pregnancy Concerns, Inc. v. Mayor & City Council of Balt.

• Decision Date: 27 June 2012
• Docket Number: 11–1885.,Nos. 11–1111,s. 11–1111
• Citation: 683 F.3d 539
• Court: U.S. Court of Appeals — Fourth Circuit
• Parties: GREATER BALTIMORE CENTER FOR PREGNANCY CONCERNS, INCORPORATED, Plaintiff–Appellee, and St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, Archbishop of Baltimore and his Successors in Office, a Corporation Sole, Plaintiffs, v. MAYOR AND CITY COUNCIL OF BALTIMORE; Stephanie Rawlings–Blake, Mayor of Baltimore, in her Official Capacity; Oxiris Barbot, Baltimore City Health Commissioner, Defendants–Appellants, and Olivia Farrow; Baltimore City Health Department, Defendants. Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Erwin Chemerinsky, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Robert J. Condlin, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Norman Dorsen, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Leigh Goodmark, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Steven P. Grossman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Martin Guggenheim, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Deborah Hellman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Margaret E. Johnson, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Kenneth Lasson, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Sylvia A. Law, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Susan Paula Leviton, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Audrey McFarlane, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Paula A. Monopoli, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Burt Neuborne, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; John T. Nockleby, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Helen L. Norton, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; David A.J. Richards, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Elizabeth J. Samuels, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Elizabeth M. Schneider, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Jana B. Singer, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Barbara Ann White, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Tobias Barrington Wolff, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Diane L. Zimmerman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; International Municipal Lawyers Association; American Medical Women's Association; Robert Blum; Willard Cates, Jr.; Chesapeake Regional Chapter of the Society for Adolescent Health and Medicine; Eric Levey; Maternal and Child Health Access; Nadine Peacock; Physicians for Reproductive Choice and Health; Mark Seigel; Laurie Schwab Zabin; Catholics for Choice; DC Abortion Fund; Diana Degette; Donna Edwards; Law Students for Reproductive Justice; Carolyn Maloney; Maryland Chapter for the National Organization for Women; NARAL Pro–Choice America; NARAL Pro–Choice Maryland; National Abortion Federation; National Advocates for Pregnant Women; National Asian Pacific American Women's Forum; Planned Parenthood of Maryland; Mike Quigley; Religious Coalition for Reproductive Choice; Sistersong Women of Color Reproductive Justice Collective; Louise Slaughter; Jackie Speier; Whole Woman's Health of Baltimore; Women's Law Center of Maryland, Incorporated; Human Rights Watch; Susan Deller Ross, Professor, Amici Supporting Appellant, Pregnancy Care Organizations Care Net; Heartbeat International, Incorporated; National Institute of Family and Life Advocates; Rocka–My–Baby Pregnancy Crisis Center; Bowie Crofton Pregnancy Clinic, Incorporated; Care Net Pregnancy Center Of Frederick; Care Net Pregnancy Center of Southern Maryland; Laurel Pregnancy Center; Rockville Pregnancy Center, Incorporated; American Center For Law and Justice; American Association of Pro–Life Obstetricians and Gynecologists; Christian Medical & Dental Associations; Catholic Medical Association; Helen M. Alvare, Associate Professor of Law, George Mason University School of Law; Robert John Araujo, S.J., John Courtney Murray, S.J. University Professor, Loyola University of Chicago School of Law; Robert F. Cochran, Jr., Louis D. Brandeis Professor of Law, Pepperdine University School of Law; David Dewolf, Professor, Gonzaga University School of Law; Dwight G. Duncan, Professor of Law, University of Massachusetts Dartmouth School of Law; John C. Eastman, Henry Salvatori Professor of Law & Community Service, former Dean, Chapman University School of Law; Scott T. Fitzgibbon, Professor, Boston College Law School; Richard W. Garnett, Associate Dean and Professor of Law, Notre Dame Law School; Bradley P. Jacob, Associate Professor, Regent University School of Law; Drew L. Kershen, Earl Sneed Centennial Professor of Law, University of Oklahoma College of Law; Lynne Marie Kohm, John Brown McCarty Professor of Family Law, Regent University School of Law; Richard S. Myers, Professor of Law, Ave Maria School of Law; Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Robert J. Pushaw, James Wilson Endowed Professor of Law, Pepperdine University School of Law; Michael Scaperlanda, Professor of Law, Gene & Elaine Edwards Family Chair in Law, The University of Oklahoma College of Law; Gregory C. Sisk, Pio Cardinal Laghi Distinguished Chair in Law and Professor, University of St. Thomas School of Law; O. Carter Snead, Professor of Law, Notre Dame Law School; Richard Stith, Professor of Law, Valparaiso University School of Law; Timothy J. Tracey, Assistant Professor of Law, Ave Maria School of Law; Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Amici Supporting Appellee. St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, Archbishop of Baltimore and His Successors in Office, a Corporation Sole, Plaintiffs–Appellants, and Greater Baltimore Center for Pregnancy Concerns, Incorporated, Plaintiff, v. Mayor and City Council of Baltimore; Stephanie Rawlings–Blake, Mayor of Baltimore, in her Official Capacity; Oxiris Barbot, Baltimore City Health Commissioner, Defendants–Appellees, and Olivia Farrow; Baltimore City Health Department, Defendants. Helen M. Alvare, Associate Professor of Law, George Mason University School of Law; American Center For Law And Justice; American Association of Pro–Life Obstetricians and Gynecologists; Robert John Araujo, S.J., John Courtney Murray, S.J. University Professor, Loyola University of Chicago School of Law; Bowie Crofton Pregnancy Clinic, Incorporated; Care Net Pregnancy Center of Frederick; Care Net Pregnancy Center of Southern Maryland; Christian Medical & Dental Associations; Catholic Medical Association; Robert F. Cochran, Jr., Louis D. Brandeis Professor of Law, Pepperdine University School of Law; David Dewolf, Professor, Gonzaga University School of Law; Dwight G. Duncan, Professor of Law, University of Massachusetts Dartmouth School of Law; John C. Eastman, Henry Salvatori Professor of Law & Community Service, former Dean, Chapman University School of Law; Scott T. Fitzgibbon, Professor, Boston College Law School; Richard W. Garnett, Associate Dean and Professor of Law, Notre Dame Law School; Heartbeat International, Incorporated; Bradley P. Jacob, Associate Professor, Regent University School of Law; Drew L. Kershen, Earl Sneed Centennial Professor of Law, University of Oklahoma College of Law; Lynne Marie Kohm, John Brown McCarty Professor of Family Law, Regent University School of Law; Laurel Pregnancy Center; Richard S. Myers, Professor of Law, Ave Maria School of Law; National Institute of Family and Life Advocates; Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Pregnancy Care Organizations Care Net; Robert J. Pushaw, James Wilson Endowed Professor of Law, Pepperdine University School of Law; Rocka–My–Baby Pregnancy Crisis Center; Rockville Pregnancy Center, Incorporated; Michael Scaperlanda, Professor of Law, Gene & Elaine Edwards Family Chair in Law, The University of Oklahoma College of Law; Gregory C. Sisk, Pio Cardinal Laghi Distinguished Chair in Law and Professor, University of St. Thomas School of Law; O. Carter Snead, Professor of Law, Notre Dame Law School; Richard Stith, Professor of Law, Valparaiso University School of Law; Timothy J. Tracey, Assistant Professor of Law, Ave Maria School of Law; Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Amici Supporting Appellant, Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Erwin Chemerinsky, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Robert J. Condlin, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Norman Dorsen, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Leigh Goodmark, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Steven P. Grossman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Martin Guggenheim, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Deborah Hellman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Margaret E. Johnson, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Kenneth Lasson, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Susan Paula Leviton, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Sylvia A. Law, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Audrey McFarlane, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Paula A. Monopoli, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Burt Neuborne, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; John T. Nockleby, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Helen L. Norton, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; David A.J. Richards, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Elizabeth M. Schneider, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Elizabeth J. Samuels, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Jana B. Singer, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Barbara Ann White, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Tobias Barrington Wolff, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Diane L. Zimmerman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; International Municipal Lawyers Association; American Medical Women's Association; Maternal and Child Health Access; Physicians for Reproductive Choice and Health; Chesapeake Regional Chapter of The Society for Adolescent Health and Medicine; Robert Blum; Willard Cates, Jr.; Eric Levey; Nadine Peacock; Mark Seigel; Laurie Schwab Zabin; NARAL Pro–Choice Maryland; NARAL Pro–Choice America; Catholics for Choice; DC Abortion Fund; Law Students for Reproductive Justice; National Abortion Federation; Maryland Chapter for the National Organization for Women; National Advocates for Pregnant Women; National Asian Pacific American Women's Forum; Planned Parenthood of Maryland; Religious Coalition for Reproductive Choice; Sistersong Women of Color Reproductive Justice Collective; Whole Woman's Health of Baltimore; Women's Law Center of Maryland, Incorporated; Diana Degette; Donna Edwards; Carolyn Maloney; Mike Quigley; Louise Slaughter; Jackie Speier; Human Rights Watch; Susan Deller Ross, Professor, Amici Supporting Appellee.

683 F.3d 539

GREATER BALTIMORE CENTER FOR PREGNANCY CONCERNS, INCORPORATED, Plaintiff–Appellee,

and

St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, Archbishop of Baltimore and his Successors in Office, a Corporation Sole, Plaintiffs,

v.MAYOR AND CITY COUNCIL OF BALTIMORE; Stephanie Rawlings–Blake, Mayor of Baltimore, in her Official Capacity; Oxiris Barbot, Baltimore City Health Commissioner, Defendants–Appellants,andOlivia Farrow; Baltimore City Health Department, Defendants.

Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Erwin Chemerinsky, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Robert J. Condlin, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Norman Dorsen, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Leigh Goodmark, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Steven P. Grossman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Martin Guggenheim, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Deborah Hellman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Margaret E. Johnson, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Kenneth Lasson, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Sylvia A. Law, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Susan Paula Leviton, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Audrey McFarlane, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Paula A. Monopoli, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Burt Neuborne, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; John T. Nockleby, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Helen L. Norton, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; David A.J. Richards, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Elizabeth J. Samuels, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Elizabeth M. Schneider, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Jana B. Singer, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Barbara Ann White, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Tobias Barrington Wolff, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Diane L. Zimmerman, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; International Municipal Lawyers Association; American Medical Women's Association; Robert Blum; Willard Cates, Jr.; Chesapeake Regional Chapter of the Society for Adolescent Health and Medicine; Eric Levey; Maternal and Child Health Access; Nadine Peacock; Physicians for Reproductive Choice and Health; Mark Seigel; Laurie Schwab Zabin; Catholics for Choice; DC Abortion Fund; Diana Degette; Donna Edwards; Law Students for Reproductive Justice; Carolyn Maloney; Maryland Chapter for the National Organization for Women; NARAL Pro–Choice America; NARAL Pro–Choice Maryland; National Abortion Federation; National Advocates for Pregnant Women; National Asian Pacific American Women's Forum; Planned Parenthood of Maryland; Mike Quigley; Religious Coalition for Reproductive Choice; Sistersong Women of Color Reproductive Justice Collective; Louise Slaughter; Jackie Speier; Whole Woman's Health of Baltimore; Women's Law Center of Maryland, Incorporated; Human Rights Watch; Susan Deller Ross, Professor, Amici Supporting Appellant,

Pregnancy Care Organizations Care Net; Heartbeat International, Incorporated; National Institute of Family and Life Advocates; Rocka–My–Baby Pregnancy Crisis Center; Bowie Crofton Pregnancy Clinic, Incorporated; Care Net Pregnancy Center Of Frederick; Care Net Pregnancy Center of Southern Maryland; Laurel Pregnancy Center; Rockville Pregnancy Center, Incorporated; American Center For Law and Justice; American Association of Pro–Life Obstetricians and Gynecologists; Christian Medical & Dental Associations; Catholic Medical Association; Helen M. Alvare, Associate Professor of Law, George Mason University School of Law; Robert John Araujo, S.J., John Courtney Murray, S.J. University Professor, Loyola University of Chicago School of Law; Robert F. Cochran, Jr., Louis D. Brandeis Professor of Law, Pepperdine University School of Law; David Dewolf, Professor, Gonzaga University School of Law; Dwight G. Duncan, Professor of Law, University of Massachusetts Dartmouth School of Law; John C. Eastman, Henry Salvatori Professor of Law & Community Service, former Dean, Chapman University School of Law; Scott T. Fitzgibbon, Professor, Boston College Law School; Richard W. Garnett, Associate Dean and Professor of Law, Notre Dame Law School; Bradley P. Jacob, Associate Professor, Regent University School of Law; Drew L. Kershen, Earl Sneed Centennial Professor of Law, University of Oklahoma College of Law; Lynne Marie Kohm, John Brown McCarty Professor of Family Law, Regent University School of Law; Richard S. Myers, Professor of Law, Ave Maria School of Law; Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Robert J. Pushaw, James Wilson Endowed Professor of Law, Pepperdine University School of Law; Michael Scaperlanda, Professor of Law, Gene & Elaine Edwards Family Chair in Law, The University of Oklahoma College of Law; Gregory C. Sisk, Pio Cardinal Laghi Distinguished Chair in Law and Professor, University of St. Thomas School of Law; O. Carter Snead, Professor of Law, Notre Dame Law School; Richard Stith, Professor of Law, Valparaiso University School of Law; Timothy J. Tracey, Assistant Professor of Law, Ave Maria School of Law; Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Amici Supporting Appellee.

St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, Archbishop of Baltimore and His Successors in Office, a Corporation Sole, Plaintiffs–Appellants,

and

Greater Baltimore Center for Pregnancy Concerns, Incorporated, Plaintiff,

v.Mayor and City Council of Baltimore; Stephanie Rawlings–Blake, Mayor of Baltimore, in her Official Capacity; Oxiris Barbot, Baltimore City Health Commissioner, Defendants–Appellees,andOlivia Farrow; Baltimore City Health Department, Defendants.

Helen M. Alvare, Associate Professor of Law, George Mason University School of Law; American Center For Law And Justice; American Association of Pro–Life Obstetricians and Gynecologists; Robert John Araujo, S.J., John Courtney Murray, S.J. University Professor, Loyola University of Chicago School of Law; Bowie Crofton Pregnancy Clinic, Incorporated; Care Net Pregnancy Center of Frederick; Care Net Pregnancy Center of Southern Maryland; Christian Medical & Dental Associations; Catholic Medical Association; Robert F. Cochran, Jr., Louis D. Brandeis Professor of Law, Pepperdine University School of Law; David Dewolf, Professor, Gonzaga University School of Law; Dwight G. Duncan, Professor of Law, University of Massachusetts Dartmouth School of Law; John C. Eastman, Henry Salvatori Professor of Law & Community Service, former Dean, Chapman University School of Law; Scott T. Fitzgibbon, Professor, Boston College Law School; Richard W. Garnett, Associate Dean and Professor of Law, Notre Dame Law School; Heartbeat International, Incorporated; Bradley P. Jacob, Associate Professor, Regent University School of Law; Drew L. Kershen, Earl Sneed Centennial Professor of Law, University of Oklahoma College of Law; Lynne Marie Kohm, John Brown McCarty Professor of Family Law, Regent University School of Law; Laurel Pregnancy Center; Richard S. Myers, Professor of Law, Ave Maria School of Law; National Institute of Family and Life Advocates; Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Pregnancy Care Organizations Care Net; Robert J. Pushaw, James Wilson Endowed Professor of Law, Pepperdine University School of Law; Rocka–My–Baby Pregnancy Crisis Center; Rockville Pregnancy Center, Incorporated; Michael Scaperlanda, Professor of Law, Gene & Elaine Edwards Family Chair in Law, The University of Oklahoma College of Law; Gregory C. Sisk, Pio Cardinal Laghi Distinguished Chair in Law and Professor, University of St. Thomas School of Law; O. Carter Snead, Professor of Law, Notre Dame Law School; Richard Stith, Professor of Law, Valparaiso University School of Law; Timothy J. Tracey, Assistant Professor of Law, Ave Maria School of Law; Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Amici Supporting Appellant,

Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Erwin Chemerinsky, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Robert J. Condlin, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; Norman Dorsen, Jacob A. France Professor of Equality...