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

• Decision Date: 03 July 2013
• Docket Number: Nos. 11–1111,11–1185.,s. 11–1111
• Citation: 721 F.3d 264
• 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, as successor to Archbishop Edwin F. O'Brien, Archbishop of Baltimore, and his successor 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, Associate Professor Emeritus of Law, University of Maryland School of Law; Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law; Robert J. Condlin, Professor of Law, University of Maryland School of Law; Norman Dorsen, Frederick I. and Grace A. Stokes Professor of Law, New York University School of Law; Leigh Goodmark, Associate Professor of Law, University of Baltimore School of Law; Steven P. Grossman, Dean Julius Isaacson Professor of Law, University of Baltimore School of Law; Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law; Deborah Hellman, Professor of Law and Jacob France Research Professor, University of Maryland School of Law; Margaret E. Johnson, Assistant Professor of Law, University of Baltimore School of Law; Kenneth Lasson, Professor of Law, University of Baltimore School of Law; Sylvia A. Law, Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry, New York University School of Law; Susan Paula Leviton, Professor of Law, University of Maryland School of Law; Audrey McFarlane, Professor of Law, University of Baltimore School of Law; Paula A. Monopoli, Professor of Law, University of Maryland School of Law; Burt Neuborne, Inez Milholland Professor of Civil Liberties, New York University School of Law; John T. Nockleby, Professor of Law, Loyola Law School; Helen L. Norton, Associate Professor of Law, University of Colorado School of Law; David A.J. Richards, Edwin D. Webb Professor of Law, New York University School of Law; Elizabeth J. Samuels, Professor of Law, University of Baltimore School of Law; Elizabeth M. Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School; Jana B. Singer, Professor of Law, University of Maryland School of Law; Barbara Ann White, Professor of Law, University of Baltimore School of Law; Tobias Barrington Wolff, Professor of Law, University of Pennsylvania Law School; Diane L. Zimmerman, Samuel Tilden Professor of Law Emerita, New York University 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; Eva Moore; 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; Elijah Cummings, Amici Supporting Appellants, 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; The National Legal Foundation, Amici Supporting Appellees. St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, as successor to Archbishop Edwin F. O'Brien, Archbishop of Baltimore, and his successor 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; The National Legal Foundation, Amici Supporting Appellants, Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Associate Professor Emeritus of Law, University of Maryland School of Law; Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law; Robert J. Condlin, Professor of Law, University of Maryland School of Law; Norman Dorsen, Frederick I. and Grace A. Stokes Professor of Law, New York University School of Law; Leigh Goodmark, Associate Professor of Law, University of Baltimore School of Law; Steven P. Grossman, Dean Julius Isaacson Professor of Law, University of Baltimore School of Law; Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law; Deborah Hellman, Professor of Law and Jacob France Research Professor, University of Maryland School of Law; Margaret E. Johnson, Assistant Professor of Law, University of Baltimore School of Law; Kenneth Lasson, Professor of Law, University of Baltimore School of Law; Susan Paula Leviton, Professor of Law, University of Maryland School of Law; Sylvia A. Law, Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry, New York University School of Law; Audrey McFarlane, Professor of Law, University of Baltimore School of Law; Paula A. Monopoli, Professor of Law, University of Maryland School of Law; Burt Neuborne, Inez Milholland Professor of Civil Liberties, New York University School of Law; John T. Nockleby, Professor of Law, Loyola Law School; Helen L. Norton, Associate Professor of Law, University of Colorado School of Law; David A.J. Richards, Edwin D. Webb Professor of Law, New York University School of Law; Elizabeth M. Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School; Elizabeth J. Samuels, Professor of Law, University of Baltimore School of Law; Jana B. Singer, Professor of Law, University of Maryland School of Law; Barbara Ann White, Professor of Law, University of Baltimore School of Law; Tobias Barrington Wolff, Professor of Law, University of Pennsylvania Law School; Diane L. Zimmerman, Samuel Tilden Professor of Law Emerita, New York University 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; Eva Moore; 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; Elijah Cummings, Amici Supporting Appellees.

721 F.3d 264

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

and

St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, as successor to Archbishop Edwin F. O'Brien, Archbishop of Baltimore, and his successor 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, Associate Professor Emeritus of Law, University of Maryland School of Law; Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law; Robert J. Condlin, Professor of Law, University of Maryland School of Law; Norman Dorsen, Frederick I. and Grace A. Stokes Professor of Law, New York University School of Law; Leigh Goodmark, Associate Professor of Law, University of Baltimore School of Law; Steven P. Grossman, Dean Julius Isaacson Professor of Law, University of Baltimore School of Law; Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law; Deborah Hellman, Professor of Law and Jacob France Research Professor, University of Maryland School of Law; Margaret E. Johnson, Assistant Professor of Law, University of Baltimore School of Law; Kenneth Lasson, Professor of Law, University of Baltimore School of Law; Sylvia A. Law, Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry, New York University School of Law; Susan Paula Leviton, Professor of Law, University of Maryland School of Law; Audrey McFarlane, Professor of Law, University of Baltimore School of Law; Paula A. Monopoli, Professor of Law, University of Maryland School of Law; Burt Neuborne, Inez Milholland Professor of Civil Liberties, New York University School of Law; John T. Nockleby, Professor of Law, Loyola Law School; Helen L. Norton, Associate Professor of Law, University of Colorado School of Law; David A.J. Richards, Edwin D. Webb Professor of Law, New York University School of Law; Elizabeth J. Samuels, Professor of Law, University of Baltimore School of Law; Elizabeth M. Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School; Jana B. Singer, Professor of Law, University of Maryland School of Law; Barbara Ann White, Professor of Law, University of Baltimore School of Law; Tobias Barrington Wolff, Professor of Law, University of Pennsylvania Law School; Diane L. Zimmerman, Samuel Tilden Professor of Law Emerita, New York University 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; Eva Moore; 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; Elijah Cummings, Amici Supporting Appellants,

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; The National Legal Foundation, Amici Supporting Appellees.

St. Brigid's Roman Catholic Congregation Incorporated; Archbishop William E. Lori, as successor to Archbishop Edwin F. O'Brien, Archbishop of Baltimore, and his successor 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; The National Legal Foundation, Amici Supporting Appellants,

Taunya Lovell Banks, Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law; C. Christopher Brown, Associate Professor Emeritus of Law, University of Maryland School of Law; Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine School of Law; Robert J. Condlin, Professor of Law, University of Maryland School of Law; Norman Dorsen, Frederick I. and Grace A. Stokes Professor of Law, New York University School of Law; Leigh Goodmark, Associate Professor of Law, University of Baltimore School of Law; Steven P. Grossman, Dean Julius Isaacson Professor of Law, University of Baltimore School of Law; Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law; Deborah Hellman, Professor of Law and Jacob France Research Professor, University of Maryland School of Law;...