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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- BRAY et al. v. ALEXANDRIA WOMEN'S HEALTH
- CLINIC et al.
- certiorari to the united states court of appeals for
- the fourth circuit
- No. 90-985. Argued October 15, 1991-Reargued October 6, 1992-
- Decided January 13, 1993
-
- Respondents, abortion clinics and supporting organizations, sued to
- enjoin petitioners, an association and individuals who organize and
- coordinate antiabortion demonstrations, from conducting demonstra-
- tions at clinics in the Washington, D. C., metropolitan area. The
- District Court held that, by conspiring to deprive women seeking
- abortions of their right to interstate travel, petitioners had violated
- the first clause of 42 U.S.C. 1985(3), which prohibits conspiracies
- to deprive ``any person or class of persons of the equal protection of
- the laws, or of equal privileges and immunities under the laws'';
- ruled for respondents on their pendent state-law claims of trespass
- and public nuisance; as relief on these three claims, enjoined petition-
- ers from trespassing on, or obstructing access to, specified clinics;
- and, pursuant to 42 U.S.C. 1988, ordered petitioners to pay
- respondents attorney's fees and costs on the 1985(3) claim. The
- Court of Appeals affirmed.
- Held:
- 1.The first clause of 1985(3) does not provide a federal cause of
- action against persons obstructing access to abortion clinics.
- Pp.2-14.
- (a)Respondents have not shown that opposition to abortion
- qualifies alongside race discrimination as an ``otherwise class-based,
- invidiously discriminatory animus [underlying] the conspirators'
- action,'' as is required under Griffin v. Breckenridge, 403 U.S. 88,
- 102, in order to prove a private conspiracy in violation of 1985(3)'s
- first clause. Respondents' claim that petitioners' opposition to
- abortion reflects an animus against women in general must be
- rejected. The ``animus'' requirement demands at least a purpose that
- focuses upon women by reason of their sex, whereas the record
- indicates that petitioners' demonstrations are not directed specifically
- at women, but are intended to protect the victims of abortion, stop
- its practice, and reverse its legalization. Opposition to abortion
- cannot reasonably be presumed to reflect a sex-based intent; there
- are common and respectable reasons for opposing abortion other than
- a derogatory view of women as a class. This Court's prior decisions
- indicate that the disfavoring of abortion, although only women engage
- in the activity, is not ipso facto invidious discrimination against
- women as a class. Pp.3-9.
- (b)Respondents have also not shown that petitioners ``aimed at
- interfering with rights'' that are ``protected against private, as well
- as official, encroachment,'' a second prerequisite to proving a private
- conspiracy in violation of 1985(3)'s first clause. Carpenters v. Scott,
- 463 U.S. 825, 833. Although the right to interstate travel is consti-
- tutionally protected against private interference in at least some
- contexts, Carpenters makes clear that a 1985(3) private conspiracy
- must be ``aimed at'' that right. Ibid. That was not established here.
- Although respondents showed that substantial numbers of women
- travel interstate to reach the clinics in question, it was irrelevant to
- petitioners' opposition whether or not such travel preceded the
- intended abortions. Moreover, as far as appears from the record,
- petitioners' proposed demonstrations would erect ``actual barriers to
- . . . movement'' only intrastate. Zobel v. Williams, 457 U.S. 55, 60,
- n.6. Respondents have conceded that this intrastate restriction is
- not applied discriminatorily against interstate travelers, and the right
- to interstate travel is therefore not implicated. Ibid. Nor can
- respondents' 1985(3) claim be based on the right to abortion, which
- is a right protected only against state interference and therefore
- cannot be the object of a purely private conspiracy. See Carpenters,
- supra, at 833. Pp.9-14.
- (c)The dissenters err in considering whether respondents have
- established a violation of 1985(3)'s second, ``hindrance'' clause, which
- covers conspiracies ``for the purpose of preventing or hindering . . .
- any State . . . from giving or securing to all persons . . . the equal
- protection of the laws.'' A ``hindrance''-clause claim was not stated
- in the complaint, was not considered by either of the lower courts,
- was not contained in the questions presented on certiorari, and was
- not suggested by either party as a question for argument or decision
- here. Nor is it readily determinable that respondents have estab-
- lished a ``hindrance''-clause violation. The language in the first
- clause of 1985(3) that is the source of the Griffin animus require-
- ment also appears in the ``hindrance'' clause. Second, respondents'
- ``hindrance'' ``claim'' would fail unless the ``hindrance'' clause applies
- to private conspiracies aimed at rights constitutionally protected only
- against official encroachment. Cf. Carpenters. Finally, the district
- court did not find that petitioners' purpose was to prevent or hinder
- law enforcement. Pp.14-20.
- 2.The award of attorney's fees and costs under 1988 must be
- vacated because respondents were not entitled to relief under
- 1985(3). However respondents' 1985(3) claims were not, prior to
- this decision, ``wholly insubstantial and frivolous,'' Bell v. Hood, 327
- U.S. 678, 682-683, so as to deprive the District Court of subject-
- matter jurisdiction over the action. Consideration should be given on
- remand to the question whether the District Court's judgment on the
- state-law claims alone can support the injunction that was entered.
- Pp.20-21.
- 914 F.2d 582, reversed in part, vacated in part, and remanded.
-
- Scalia, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and White, Kennedy, and Thomas, JJ., joined. Kennedy, J.,
- filed a concurring opinion. Souter, J., filed an opinion concurring in
- the judgment in part and dissenting in part. Stevens, J., filed a
- dissenting opinion, in which Blackmun, J., joined. O'Connor, J., filed
- a dissenting opinion, in which Blackmun, J., joined.
-