Anti-abortion appeal survives in San Diego federal court

Judge refuses to dismiss lawsuit filed by pro-life pregnancy centers challenging state requirement they refer patients to abortion providers

U.S. District Judge John Houston

A federal judge advanced a challenge by anti-abortion centers to the constitutionality of a California law that requires state-licensed health centers to tell patients about state-run free or low-cost health care and family planning services, including abortion.

The National Institute of Family and Life Advocates et al. sued California and San Diego County in 2015, challenging the constitutionality of Reproductive FACT Act — the Freedom, Accountability, Comprehensive Care and Transparency Act — took effect Jan.1, 2016.

The law also requires unlicensed centers to publicize that they are not licensed as medical facilities in California.

Facilities that fail to comply with the act can be fined $500 for the first offense and $1,000 for each subsequent offense. A warning notice must be issued, giving the health care facilities 30 days to correct the violation before the civil penalty can be charged.

The health centers, which encourage women to consult religion in making family planning decisions, sought an injunction in January 2016, to restrain state and county officials from enforcing the act and its fines while their civil case was pending.

U.S. District Judge John Houston refused to issue an injunction and the health centers appealed to the Ninth Circuit, which affirmed Houston’s refusal to restrain state and county officials from enforcing the noticing requirements.

On appeal again, Houston ruled on Sept. 29 that the case should not be dismissed based on the Ninth Circuit’s finding that the claims are “constitutionally and prudently ripe.”

Full story at Courthouse News.

Comments

comments

To add a comment, click on Facebook, Twitter, Google+ icons OR go further down to the bottom of comments to the Post your comment box.

Comments

  1. Joel Fago says:

    Two issues are involved: the sanctity of life and freedom.

  2. CA Democrat lawmakers love abortion and really hate the idea that “choice” also means not aborting. Their heavy handed approach should disgust people of good will. Pregnancy care clinics are not abortion friendly and no “law” passed by abortion fanatics should threaten them to support killing.

COMMENTS POLICY: Comments are limited to 750 characters and will be truncated at 750. Comments should not contain offensive or libelous language. Please strive to be civil. All comments are subject to approval by our moderator and to editing as the moderator deems appropriate. Inclusion of your email address is optional.

Speak Your Mind

COMMENTS POLICY: Comments are limited to 750 characters and will be truncated at 750. Comments should not contain offensive or libelous language. Please strive to be civil. All comments are subject to approval by our moderator and to editing as the moderator deems appropriate. Inclusion of your email address is optional.