Emanuel v. McGriff

In this appeal, we consider the constitutionality of the common law doctrine of necessaries. The appellant, Betty Emanuel, contends that the doctrine constitutes unconstitutional gender-based discrimination and violates the equal protection clause of the Fourteenth Amendment to the United States Constitution. While the appellees, Dr. James McGriff and Huntsville Hospital, acknowledge that the application of this doctrine only to men violates the constitution, they argue that this Court should make the doctrine constitutional by making it applicable to women as well. We decline to extend the…