District Court Upheld Ohio's Defunding Planned Parenthood Law

Toledo, Ohio — The 6th U.S. Circuit Court of Appeals in Cincinnati ruled 11-6 on Tuesday to uphold the constitutionality of an Ohio law that sought to defund all abortion providers including Planned Parenthood.

It was however, Planned Parenthood of Greater Ohio and Planned Parenthood of Southwest Ohio Region that used Ohio after the 2016 law cut off more than $1 million from them. Circuit Judge Jeffrey Sutton wrote for the majority, “Two Planned Parenthood affiliates challenged the 2016 statute, claiming that it imposes an unconstitutional condition on public funding in violation of the Due Process Clause. The affiliates are correct that the Ohio law imposes a condition on the continued receipt of state funds. But that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions.”

In effect the Judge Sutton said Ohio has the right to decide who gets public monies and there is no such thing as a right to perform abortions.

U.S. District Judge Michael Barrett in Cincinnati blocked the law from going into effect in 2016 and declared it unconstitutional later that year. A three-judge panel from the appeals court upheld Barrett’s ruling and the state asked the full court for a review.

Ohio is now free to enact the law forbids the state from contracting for health services with any entity that performs or promotes non-therapeutic abortions.

Prolife Governor DeWine, who told the press, “We’ve always felt the state had the right to set policy on who is funded and who is not funded. I’m pleased with the decision.”
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This bipartisan legislation was sponsored by then-state Reps. Bill Patmon, Democrat of Cleveland, and Margaret Conditt, a Butler County Republican.