Judge blocks Ohio from cutting funding for Planned Parenthood services

By Marc Kovac

news@vindy.com

COLUMBUS

A federal judge permanently barred state officials from enforcing a new state law that blocked funding for cancer screenings and other services for groups that perform or promote abortions.

Judge Michael R. Barrett from U.S. District Court for Southern District of Ohio, Western Division, ruled Fridfay the Republican-backed law changes finalized earlier this year were unconstitutional, violating the First and 14th amendments.

He wrote, “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. Accordingly, the court concludes that plaintiffs have established that if the enforcement of Section 3701.034 is not permanently enjoined, plaintiffs will suffer a continuing irreparable injury for which there is no adequate remedy at law.”

In February, lawmakers gave final approval and Gov. John Kasich subsequently signed into law legislation requiring the Ohio Department of Health to ensure public funds are being used for their intended purpose – the legislation lists breast and cervical cancer, HIV/AIDS initiatives and other specific programs – and not for abortions.

The legislation called for blocking funding from specified programs to groups that perform abortions or have contracts or are affiliated with providers of such services.

According to documents, Planned Parenthood operates 28 health centers around the state, three of which provide abortion services.

The group has provided “vital health services in the communities they serve” and has “routinely passed audits and program reviews and received praise from program administrators,” plaintiffs argued in the filings.

Planned Parenthood of Greater of Ohio filed suit against the state health director to block the state law from taking effect, arguing the law changes were “unconstitutional because as a condition of receiving government funds, recipients must abandon their right to free speech and association protected by the First Amendment and their right to provide abortion services protected by the Due Process Clause.”

Judge Barrett agreed with Planned Parenthood’s arguments.

Iris E. Harvey, president and chief executive officer of Planned Parenthood of Greater Ohio, said in a released statement, “Today’s ruling supports the rights of all Ohioans to access needed health care. This law would have been especially burdensome to communities of color and people with low income who already often have the least access to care – this law would have made a bad situation worse.

U.S. Rep. Tim Ryan of Howland, D-13th, said in a released statement, “I applaud the court’s rejection of this politically motivated attempt to strip thousands of Ohioans of their ability to receive quality health care.”

Opponents of abortion, however, said they expected the ruling to be overturned on appeal.

“Judge Barrett’s decision is a clear violation of states’ rights and the conscience rights of taxpayers,” Katie Franklin, spokeswoman for Ohio Right to Life, said in a released statement.

“It is the public policy of the state of Ohio to prefer childbirth over abortion, and we should be allowed to allocate funds accordingly.”