Ohio Court Blocks Planned Parenthood Funding

Mar 12, 2019

The full Sixth U.S. Circuit Court of Appeals reversed a prior ruling by a three-judge panel and has upheld the constitutionality of an Ohio law that blocks nearly $1.5 million that Planned Parenthood received from the state health department and federal government.

In an 11-6 vote, the appeals court overturned a lower court injunction against the law, which was signed in 2016 by then Governor John Kasich. A three-judge panel of the appeals court had upheld the injunction last April 18. 

The law requires the state health department to ensure that funds it receives through six non-abortion-related federal programs are not used to fund entities that perform abortions.

“The affiliates are correct that the Ohio law imposes a condition on the continued receipt of state funds,” Circuit Judge Jeffrey Sutton wrote for the majority. “But that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions.”

Judge Sutton also found no proof the ban posed an undue burden on a woman's right to abortion by making the procedure harder to obtain. He also said that the right belonged to women, not Planned Parenthood.

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