A federal judge on Friday permanently blocked OH from implementing laws that would defund Planned Parenthood by making the agency ineligible for state funding to pay for health care programs for the poor.
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Ohio’s new law terminates funding for Planned Parenthood and other abortion businesses, freeing up money for more widely available and more comprehensive low-priced healthcare options for women and families in the state. The Ohio law would bar such funds from going to entities that perform or promote abortions.
The restrictions, which had been slated to take effect in May, were signed by Republican Gov. John Kasich during his failed presidential bid.
U.S. District Court Judge Michael R. Barrett in Columbus said the new state law infringes on the constitutional rights to free speech and equal protection under the law of Planned Parenthood’s Greater Ohio and Southwest Ohio Region organizations.
Although Ohio Attorney General Mike DeWine says he will appeal the ruling, many health advocates are breathing a sigh of relief.
Critics, many of whom seek to outlaw abortion in the United States, have falsely accused Planned Parenthood of selling fetal organs and body parts for profit, and encouraging women to have abortions in order to expand such operations. The lawsuit names the state’s health director as a defendant.
“Based on this evidence in the record, the Court finds the irreparable injury is continuing and there is a lack of an adequate remedy at law because monetary damages could not compensate Plaintiffs for this injury”, Barrett wrote. But the state’s attorneys say OH gets to choose how to spend the public’s money.
A strong majority of OH residents want Planned Parenthood to be de-funded and the money redirected to community health centers, according to a new poll.
Planned Parenthood was already banned from using the state funds for abortions, and instead, used the money for cancer screening, HIV testing and other services. OH “cannot condition funding for these programs based on a recipient’s exercise of the right to free speech or association outside of these programs”, the judge ruled.
Planned Parenthood officials praised the judge’s decision, calling it a win for OH residents who rely on the organization for care.
“Today’s ruling supports the rights of all Ohioans to access needed health care”, said Iris E. Harvey, president and CEO of Planned Parenthood of Greater Ohio, in a statement.
Planned Parenthood is a national target because of its role as the largest US abortion provider.
“Well Judge Barrett’s decision is a clear violation of state rights and the conscious right of taxpayers.
OH has a history of preferring childbirth over abortion and this common sense and life-enhancing citizen policy has been ignored by this activist judge”.
Federal law and the laws of most states already prevent public money from paying for abortions except in rare circumstances, but the recent defunding bills prohibit state money for any services by an organization that also provides abortions.
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Planned Parenthood says OH is one of two dozen states where legislators since last July have tried to oust the group by blocking its funding. The Supreme Court ruled in 1973 that abortion was legal in the United States but anti-abortion activists have fought for years to alter state laws.
