MO law requires prior written consent of the spouse of the woman seeking an abortion during the first 12 weeks of pregnancy, unless “the abortion is certified by a licenced physician to be necessary in order to preserve the life of the mother.”
-    the state may not constitutionally require the consent of the spourse, as is specifed under
the MO act, ,as a condition for abortion during the first 12 weeks of the pregnancy. -    We are not unaware of the deep and proper concern and interest that a devoted and
protective husband has in his wife’s pregnancy and in the growth and development of the fetus she is carrying. Notwithstanding, we cannot hold that a state has the constitutional authority to give the spouse unilaterally the ability to prohibit the wife form terminating her pregnancy, when the State itself lacks that right
-    The statute determines that the husband’s interest in continuing the pregnancy of his wife always outweighs any interest on her part in terminating irrespective of the condition of their marriage. The court feels that between the conditions of ultimately the decision of whether or not to terminate a pregnancy when both parents disagree, only one can prevail and since the woman is more directly and immediately affected by the pregnancy balances in her favor