ACLJ Files Amicus Brief in Support of Ohio Law Defunding Planned Parenthood | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

ACLJ Files in Support of Law Defunding Planned Parenthood

By Laura Hernandez1533140507114

The American Center for Law and Justice (ACLJ) has filed an amicus brief with the Court of Appeals for the Sixth Circuit defending an Ohio law that prohibited taxpayer dollars from flowing to abortion providers.

The law bars organizations that provide and advocate for abortion from participating in six state health education programs related to pregnancy support, maternal health and STD/HIV prevention. Planned Parenthood filed a lawsuit in federal court, claiming the law violated its constitutional right to perform and advocate for abortion.

The district court ruled for Planned Parenthood and a Sixth Circuit three-judge panel affirmed. Both courts held that because the Ohio law conditioned funding on Planned Parenthood’s forfeiture of its right to promote and perform abortion outside the scope of the state health programs, it violated the First Amendment and the Due Process Clause. Ohio asked the entire Sixth Circuit to rehear the case, and although such rehearings are rarely granted, the Sixth Circuit judges agreed to rehear the case.

We filed an amicus brief urging the full Sixth Circuit to reverse the lower court.  We argued that the First Amendment doctrine does not require Ohio to allocate taxpayer funds to an organization that promotes an unrestricted abortion license, where that promotion is contradictory to Ohio’s policy favoring childbirth.

The government’s prerogative to discourage abortion through the allocation of taxpayer dollars encompasses the power to establish health program selection criteria that ensure that the contracting entities will credibly promote the state’s policy favoring childbirth. Criteria which result in the exclusion of a preeminent national opponent of a state’s policy constitutionally prevent the state’s policy and message from being undermined.

The First Amendment protects the rights of all organizations to advocate for any policy they choose. It does not require the government to contract with those organizations, or their affiliates, to deliver government services when the organization’s status as a national opponent of a state’s policy will undermine its affiliates’ ability to promote the pertinent government policy.

Oral argument is scheduled before the full Sixth Circuit on October 3, 2018.

With your invaluable support, we at the ACLJ are doing all that we can to ensure that Planned Parenthood is no longer funded with taxpayer dollars.

Defeat Planned Parenthood at the Supreme Court

Pro Life  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

We're aggressively battling at the Supreme Court to defund and defeat the abortion industry. Your gift - of any size - will be DOUBLED to save lives. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
Pro Life

Recap – 5th Circuit Says Planned Parenthood Can Be Defunded

By Jordan Sekulow1606259856145

The 5th Circuit Court of Appeals just ruled that Planned Parenthood can be defunded by the states. On today’s Jay Sekulow Live , we discussed the breaking news that the full 5th Circuit Court of Appeals has ruled that Medicaid funds can be cut from Planned Parenthood. This is a great development...

read more

ACLJ Files at 6th Circuit in Support of TN Protecting the Unborn

By Michelle Terry1605646979591

There is a big pro-life case working its way through the courts concerning banning abortions where the child has a heartbeat or the abortion is being done for a discriminatory reason, and we’ve just taken action in the case. On Monday, November 15, 2020, the American Center for Law and Justice...

read more

ACLJ Submits Public Comment Supporting Mexico City Pro-Life Policy

By Olivia Summers1605541924017

On January 23, 2017, in one of the first acts of his Administration, President Donald Trump issued an Executive Memorandum reinstating the Mexico City Policy – which had been rescinded under President Obama. Not only did President Trump reinstate the policy, but he expanded it under a plan called...

read more

ACLJ Tackles Abortion Safety Myth for Newly Composed Supreme Court

By Walter M. Weber1605285506429

Killing babies before birth in abortion, like killing them after birth in infanticide, is wrong even if someone could show the killing would bring health benefits for adults. And for those who think abortion is an essential right, it probably doesn’t matter much to them whether abortion is good or...

read more