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State will appeal decision by federal judge gutting pro-life Ohio law

by | Aug 12, 2016

By Dave Andrusko

Judge Michael R. Barrett

Judge Michael R. Barrett

In an unsurprising but regrettable decision, Judge Michael R. Barrett of the U.S. District Court for the Southern District of Ohio, today permanently enjoined an Ohio law he had temporarily enjoined on May 23.

Passed overwhelmingly by the Ohio legislature and signed into law in February by Gov. John Kasich, the measure forbids the state from contracting for health services with any entity that performs or promotes non-therapeutic abortions.

The Associated Press reported that the state will appeal the decision.

On May 11, shortly before the law was to take effect, Planned Parenthood of Greater Ohio and Planned Parenthood of Southwest Ohio filed suit, arguing the law was unconstitutional. In his decision today, Judge Barrett agreed the law violated Planned Parenthood’s rights to free speech and due process and that any action to implement the law would mean Planned Parenthood would “suffer a continuing irreparable injury for which there is no adequate remedy at law.”

Ohio Right to Life strongly disagreed with the 23-page decision.

“Judge Barrett’s decision is a clear violation of states’ rights and the conscience rights of taxpayers,” said Katie Franklin, director of communications for NRLC’s state affiliate.

It is the public policy of the state of Ohio to prefer childbirth over abortion, and we should be allowed to allocate funds accordingly. Planned Parenthood has no constitutional right to the hard-earned dollars of taxpayers, millions of whom have deep and abiding objections to the corporation’s pro-abortion business model. As was the case in Roe v. Wade, yet again, an activist judge is fabricating ‘rights’ out of thin air to the benefit of the abortion industry. Ohio has hundreds of free to low-cost women’s health care providers that don’t perform abortions, yet we are forced to subsidize one that does. In 2015, Planned Parenthood performed 323,999 abortions, all while receiving $553.7 million in taxpayer dollars. That accounts for an obscene 42 percent of its total revenue. We fully expect Judge Barrett’s radical, activist decision to be overturned on appeal.”

Judge Barrett ruled, according to Robert Higgs, of Cleveland.com,

The state law effectively would have forced Planned Parenthood to abandon a constitutionally protected activity as a condition of receiving public funds unrelated to abortion.

Categories: Judicial