Vermont Business Magazine Attorney General Thomas JDonovan, Jr, joined a coalition of 16 Attorneys General in filing an amicus brief with the USCourt of Appeals for the Sixth Circuit, challenging an Ohio state law that would defund Planned Parenthood and other health service providers that perform or promote abortions. The attorneys general argue that the Ohio law violates the First Amendment and Due Process Clause. The law unconstitutionally prohibits state funding of health care providers that perform abortions. This infringes on plaintiffs’ right to free speech, plaintiffs’ right to provide access to abortion services, and their clients’ right to receive such services.
Attorney General Donovan said: “Women have a constitutional right to make their own healthcare decisions. Health care providers should not be forced to choose between honoring women’s constitutional rights and continuing to provide other essential health services.”
The amicus brief, filed last night, was led by New York Attorney General Eric Schneiderman and signed by a total of 16 Attorneys General: Vermont, New York, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, Oregon, Virginia, Washington, and the District of Columbia.
Click here to read the amicus brief.
The brief highlights the fact that, since 2009 alone, at least 15 states have passed laws or taken executive actions to prohibit family-planning and other public-health funds from being awarded to Planned Parenthood affiliates and other providers of abortion services. Such efforts to cut funding are specifically directed to support services that have nothing to do with abortion. Similarly, congressional Republicans have sought to defund abortion service providers as part of their unsuccessful bid to repeal the Affordable Care Act. While this measure is on hold for now, Congress has also passed a resolution that encourages states to pass defunding measures. Congress’ resolution also repealed a Department of Health and Human Services rule that prohibits states from denying federally funded family-planning grants for reasons unrelated to the entity’s ability to provide family-planning services.
Ohio’s law was enjoined by the federal district court before it could take effect. The Ohio law would prohibit the State from awarding public-health grants to providers who perform or promote safe and legal abortions, even though the grants have nothing to do with abortion services. Those grants instead provide funds for other health services, such as education to prevent violence against women, screening for breast and cervical cancer, HIV and AIDS prevention, testing and treatment of sexually transmitted diseases, and infant mortality prevention.
The attorneys general seek to ensure the availability of safe abortion services and other important public health services from accessible providers in each of their states. The attorneys general will protect the right of providers to engage in constitutionally-protected activity.
Vermont AG: April 6, 2017