the alleged contract to create a child would impair the wife’s constitutional right not to procreate, whereas permitting destruction of the embryos would not effectively impair the husband’s reproductive rights. Therefore, even if we assume that the Fourteenth Amendment applies (see the discussion below regarding state action), we reject the husband’s contention that his constitutional rights would be violated by destruction of the embryos. Cf. Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 893-98, 112 S.Ct. 2791, 2828-31, 120 L.Ed.2d 674, 725-28 (1992) (invalidating state’s requirement of spousal notice as condition to undergoing an abortion); Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 69, 96 S.Ct. 2831, 2841, 49 L.Ed.2d 788, 805 (1976) (<HOLDING>). In urging affirmance of the judgment below,
holding that a state may not condition voting in state elections on payment of a tax holding that a state cannot constitutionally condition an abortion on the spouses consent holding that alien cannot rely on spouses forced abortion to establish automatic asylum eligibility based on past persecution holding that lack of jurisdiction cannot be cured by consent holding under state constitution that validity of consent search requires knowledge of right to refuse consent