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People ex rel. S.P.B.

Supreme Court of Colorado
651 P.2d 1213 (Colo. 1982)


Facts

P.D.G. (defendant) and C.F.B. were not married. C.F.B. became pregnant with P.D.G.’s child. P.D.G. told C.F.B. that he did not want her to have the child and offered to pay for an abortion. C.F.B. declined and gave birth to the child, S.P.B (plaintiff). A Colorado law required both parents to support a child even if the father did not want to have the child and offered to pay for an abortion. Based on this law, the District Court of El Paso County ordered P.D.G. to pay child support for S.P.B. P.D.G. appealed, arguing that the Colorado law violated P.D.G.’s rights to equal protection and due process. Specifically, P.D.G. argued that the law improperly created (1) a gender-based distinction by valuing the mother’s decision to have the baby over the father’s desire to have an abortion and (2) an irrebuttable presumption that both parents are responsible for child support.

Rule of Law

Issue

Holding and Reasoning (Dubofsky, J.)

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