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Your supervising attorney has assigned you to a research project to answer to questions relating to her client, Dr. Tiffany Doe, a physician. Dr. Doe
Your supervising attorney has assigned you to a research project to answer to questions relating to her client, Dr. Tiffany Doe, a physician. Dr. Doe has been running an abortion clinic in Massachusetts for the last ten years. On March 15, 2020, Massachusetts passed a new abortion act which added the following requirements: (1) A woman seeking an abortion must give her informed consent prior to the procedure; (2) A woman seeking an abortion must be provided with certain information at least 24 hours before the abortion is performed; (3) A minor woman seeking an abortion must receive the informed consent of one parent; (4) A woman seeking an abortion must sign a statement indicating that she has notified her husband; and (5) Facilities providing abortion should report to the Department of Public Health. On April 1, Dr. Doe and her same-sex partner, Emma Koh. finally decided to marry. After a marriage ceremony at the Boston Common, they attempted to obtain a marriage license from Boston City Hall. As required under Massachusetts Law, they completed notices of intention to marry on forms provided by the registry and presented these forms to a city clerk together with the required health forms and marriage license fees. However, the clerk refused to accept the notice of intention to marry and denied a marriage license to the couple on the ground that Massachusetts does not recognize same-sex marriage. Obtaining a marriage license is a necessary prerequisite to civil marriage in Massachusetts. The Department of Public Health is charged by statute with safeguarding public health and oversees the registry of vital records and statistics (registry), which enforce all laws relative to the issuance of marriage licenses and the keeping of marriage records. 1 Dr. Doe would like to file a suit seeking a declaratory judgment that each of the provisions of a new Massachusetts abortion act passed on March 15, 2020, was unconstitutional on its face. How will the case come out? Provide your legal opinion on this case using the IRAC format (Issue, Rule, Application, Conclusion). (2) Dr. Doe also would like to sue the Department of Public Health, alleging that department's policy and practice of denying marriage licenses to same-sex couples violated their constitutional rights. Can she win this case? Provide your legal opinion on this case using the IRAC format
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