Supreme Court of New Jersey
Jane Doe and Mary Roe
November 17, 197671 N.J. 478
Summary
The Supreme Court of New Jersey reversed the trial court's dismissal and remanded the case, holding that the three non‑profit hospitals, as quasi‑public entities receiving public aid, have a fiduciary duty to serve the public and may not arbitrarily refuse to permit elective abortions in the first trimester. The Court found the hospitals' policies to be arbitrary, unreasonable, and in conflict with the constitutional right to abortion recognized in Roe v. Wade, and declined to apply the New Jersey conscience law to non‑sectarian hospitals.