Legal Opinion · Dissent

Green Appeal

Supreme Court of Pennsylvania

Decided June 28, 1972No. Appeal, No. 315Published

1Dissent

Dissenting Opinion by

Mr. Justice Eagen:

With all due deference to the majority of this Court, I am compelled to dissent. I would affirm the order of the Superior Court.

The Court’s analysis presumes there are two primary interests at stake, that of the State to protect its citizens and that of the mother to follow her religious convictions. The difficulty, and what I believe to be the fatal flaw in this reasoning, is that too little consideration and attention is given to the interests of .the health and well-being of this young boy. Although the mother’s religious beliefs must be given the…

2Cases cited9 opinions

  1. Wisconsin v. YoderSupreme Court of the United States · 1972
  2. Prince v. MassachusettsSupreme Court of the United States · 1944
  3. People Ex Rel. Wallace v. LabrenzIllinois Supreme Court · 1952
  4. Jehovah's Witnesses in State of Wash. v. King County Hosp.District Court, W.D. Washington · 1967
  5. State v. PerriconeSupreme Court of New Jersey · 1962

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