Tuesday, May 24, 2016
By Marc Kovac
COLUMBUS
A federal judge in Cincinnati temporarily blocked a new state law from taking effect Monday that would have barred funding for cancer screening and other services to groups that perform abortions.
Judge Michael R. Barrett from U.S. District Court for Southern District of Ohio, Western Division, issued the temporary restraining order and preliminary injunction, noting, among other reasons, that the plaintiffs in the case had “established that the public interest factor weighs in favor” of the decision.
The order is set to expire June 6, unless it’s extended by the court.
In February, lawmakers gave their final approval and Gov. John Kasich subsequently signed into law House Bill 294, 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.
Proponents of the legislation said HB 294 will not cut funds for women’s health programs; money would be directed to health care centers that do not perform nontherapeutic abortions.
Opponents counter that there are not sufficient locations around the state providing contraception and other health care services currently offered by Planned Parenthood.
Planned Parenthood of Greater of Ohio filed suit earlier this month against the state health director and Hamilton County Health Commissioner Timothy Ingram to block the state law from taking effect.
According to documents, Planned Parenthood operates 28 health centers around the state, three of which provide abortion services.
Planned Parenthood alleged that the new state law violated “the First Amendment and the due process and equal protection clauses of the 14th Amendment,” impermissibly disqualifying Planned Parenthood “from receiving certain funds because of their constitutionally protected advocacy in support of safe and legal abortions.”
In his decision Monday, Judge Barrett wrote that the plaintiffs demonstrated a strong likelihood of success on their legal claims.
Republican House Speaker Cliff Rosenberger voiced disappointment in the decision: “Today’s action also stalls a critical component of the law that addressed ways to reduce our state’s high infant mortality rate. As an unabashed pro-life advocate, I do not believe that taxpayer dollars should be used to support abortions. But regardless of where you stand on that particular issue, today’s action whereby an unelected federal judge overstepped his authority in order to thwart a law that would have helped women and families is shameful.”
NARAL Pro-Choice Ohio was among the groups praising the decision.
“John Kasich and the Legislature were playing politics with health care funding without any input from hospitals or local health departments,” Executive Director Kellie Copeland said. “Now, patients across the state are waiting to see if they can continue receiving care from the doctor they chose and trust.”
She added, “Testing for HIV and breast and cervical cancer are all at risk. Comprehensive sex education classes are on hold. And pregnant women trying to have healthy babies are waiting to see if they can continue to get services from Planned Parenthood.”