Tallahassee, FL — Advocates for abortion sued the state of Florida Friday over its pro-life ban on Medicaid funding for abortions.
The lawsuit claims the ban discriminates against women who “need” abortions for medical reasons. The claim rests on the argument that Medicaid-eligible men receive a full range of medically necessary health services, including those involving reproduction.
The plaintiffs include a Miami abortion facility, an abortion practitioner there and a woman who is nine weeks pregnant and who suffers epileptic seizures. The lawsuit, which was assigned to Circuit Judge Kevin Davey, was filed against the state Agency for Health Care Administration.
Medicaid, a joint federal-state health care program, pays for the health care of low-income families. The program bans Medicaid funding for abortions unless they're needed to save the life of the woman or in cases of rape or incest.
The U.S. Supreme Court has upheld a similar federal ban on funding abortion with tax money. However, the Florida Constitution includes language promising privacy and barring discrimination based on gender. This privacy clause has previously been misued by the Florida Supreme Court in favor of abortion.
A spokeswoman for pro-life Gov. Jeb Bush said the state decides what services to provide through Medicaid without regard to gender. “While a
woman in Florida may have the right to choose to undergo an abortion, the state has no obligation to make funds available to her for this procedure,” Elizabeth Hirst said.
Courts in 15 states have struck down similar bans, according to the pro-abortion Center for Reproductive Law and Policy in New York. Bans have been upheld in Arizona, Kentucky, Michigan, North Carolina and Pennsylvania. The Florida Supreme Court ruled in July that the privacy rights of women aren't violated by the ban.
(This article courtesy of the Pro-Life Infonet email newsletter. For more information or to subscribe go to www.prolifeinfo.org or email infonet@prolifeinfo.org.)