By Maria V. Gallagher, Legislative Director, Pennsylvania Pro-Life Federation
Pro-abortion Pennsylvania Governor Tom Wolf has been handed a legal setback in his effort to stop a Constitutional Amendment which would guarantee that there is no Constitutional right to taxpayer funding of abortion and would keep abortion out of the state Constitution.
The Pennsylvania Supreme Court turned down Wolf’s request that the High Court immediately rule on his challenge to the legislation.
The Supreme Court Justices, though, said that Wolf could file legal action at the lower Commonwealth Court level.
The Pennsylvania Senate and House of Representatives passed the Constitutional Amendment as part of an omnibus bill earlier this year. The Amendment must pass both houses in two consecutive legislative sessions before it can be placed on the ballot for voters to decide.
The Amendment is the result of a lawsuit filed by the abortion industry, demanding taxpayer funding of abortion in Pennsylvania. The lawsuit flies in the face of the fact that poll after poll shows that the vast majority of Americans reject tax-funded abortions.
If the PA Supreme Court ultimately rules in the abortion industry’s favor, it would be violating a 1985 High Court precedent declaring no right to taxpayer funding of abortion under the state Constitution.
The abortion industry has resorted to the courts because it has failed time and time again to pass pro-abortion legislation in the General Assembly, where pro-life majorities are in control.
Pro-abortion forces and the news media have mistakenly referred to the Constitutional Amendment as a ban. But it does not ban anything. It only ensures that the PA Constitution would be preserved so that it will continue not to take sides on the issue of abortion, leaving the issue up to the people to decide through their duly-elected representatives.