Abortion providers sue Pennsylvania over law preventing public funds from paying for procedure News
© WikiMedia (Brian Stansberry)
Abortion providers sue Pennsylvania over law preventing public funds from paying for procedure

A number of abortion providers filed suit against Pennsylvania on Wednesday in hopes of overturning a state law that prohibits coverage of the procedure by Medicaid.

The groups, which include Planned Parenthoods within Pennsylvania and the Allegheny Reproductive Health Center, filed their complaint seeking declaratory judgement and injunctive relief from the law, in order to increase access to abortion among lower income citizens.

The law in contention is Pennsylvania’s Abortion Control Act, which contains a section preventing the use of public funds (federal and state) for the performance of the procedure. In the lawsuit, the groups state that the current law violates Pennsylvania’s constitution, specifically the equal rights amendment and equal protection provisions.

Petitioners argue that by denying Medicaid coverage of an abortion, Pennsylvania is engaging in a form of sex discrimination. Additionally, harm is being brought to women with low income, who are now forced to carry their pregnancies against their will and may be subject to an increased risk of psycho-social harm.

Back in 1985, a similar suit was filed and the law upheld by the Pennsylvania Supreme Court. Petitioners reason that public policy has changed and developments within Pennsylvania law support elimination of the provision. Current interpretations of Pennsylvania’s constitution support modern realizations that the denial of women’s reproductive autonomy is a form of sex discrimination. Therefore, Petitioners urge the court to overturn pre-existing precedent.

A similar situation occurred in Alaska whereby the state’s legislature attempted to limited Medicaid coverage of abortions back in 2015. The Alaska Superior Court struck down the state law for violations of equal protection.

Due to the nature of the suit and previous history with the Pennsylvania Supreme Court, the case is expected to return to the state’s highest court.