332
Stevens, J., dissenting
Court concluded that the policy was facially discriminatory. The policy was not neutral, the Court held, "because it does not apply to the reproductive capacity of the company's male employees in the same way as it applies to that of the females." Id., at 199. Johnson Controls, I had thought, signaled the Court's recognition that classifications based on ability to become pregnant are necessarily discriminatory.
VI
Respondents' right to engage in interstate travel is inseparable from the right they seek to exercise. That right, unduly burdened and frustrated by petitioners' conspiracy, is protected by the Federal Constitution, as we recently reaffirmed in Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992). Almost two decades ago, the Court squarely held that the right to enter another State for the purpose of seeking abortion services available there is protected by the Privileges and Immunities Clause, U. S. Const., Art. IV, § 2. Doe v. Bolton, 410 U. S. 179, 200 (1973).31 A
woman's right to engage in interstate travel for this purpose is either entitled to special respect because she is exercising a constitutional right, or because restrictive rules in her home State may make travel to another State imperative. Federal courts are uniquely situated to protect that right for the same reason they are well suited to protect the privileges and immunities of those who enter other States to ply their trade. See, e. g., Blake v. McClung, 172 U. S. 239, 248-256 (1898).
31 Although two Justices dissented from other portions of the decision in Doe v. Bolton, see 410 U. S., at 221-223, no Member of the Court expressed disagreement with this proposition. Moreover, even if the view of the two Justices who dissented in Roe v. Wade, 410 U. S. 113, 171, 221 (1973), were the law, a woman's right to enter another State to obtain an abortion would deserve strong protection. For under the position espoused by those dissenters, the diversity among the States in their regulation of abortion procedures would magnify the importance of unimpeded access to out-of-state facilities.
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