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Maher v. Roe | 432 U.S. 464 (1977)

Perhaps the most controversial and hotly debated decisions that the United States Supreme Court have ever written have been on the topic of reproductive rights. And the Court first addressed the issue of Medicaid funding for abortions in the 1977 case of Maher versus Roe.

The Connecticut Welfare Department adopted regulations providing that Medicaid would only pay for a first-trimester abortion if it was medically necessary. Two indigent women, identified anonymously as Poe and Roe, sued Connecticut Commissioner of Social Services Edward Maher in federal district court, arguing that the regulation violated the Fourteenth Amendment’s Due Process and Equal Protection Clauses.

The district court held that Connecticut’s Medicaid program violated the Equal Protection Clause by paying for pregnancy and childbirth but refusing to pay for nontheraputic abortions. Connecticut appealed to the United States Supreme Court.

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