The American Civil Liberties Union (ACLU) of Ohio on Wednesday announced it is suing the state of Ohio over anti-abortion restrictions enacted as part of the 2014-2015 state budget.
“To put it simply, none of these amendments have any place in the state budget bill,” said Susan Scheutzow, ACLU cooperating attorney and partner at the law firm of Kohrman Jackson & Krantz, in a statement. “This massive bill is not intended to deal with new policy; the single subject of the budget should be the appropriation of funds for existing government programs or obligations.”
The lawsuit claims the restrictions violate the Ohio Constitution’s “single subject” rule, which requires each individual law keep to a single subject to avoid complexity and hidden language. In the case of the budget, the ACLU argues that the law shouldn’t go beyond appropriating state funds and tax collection.
The three anti-abortion budget amendments in question ban public hospitals and abortion clinics from making transfer agreements that are required to keep clinics open; order clinics to take government-outlined steps, including showing a patient if a fetal heartbeat is detected, before carrying out an abortion procedure; and create a new “parenting and pregnancy” program that shifts state funds into private organizations that are barred from mentioning abortion services.
“The first two amendments have nothing at all to do with budget appropriations,” said Jessie Hill, ACLU cooperating attorney and professor at Case Western Reserve University School of Law, in a statement.
The ACLU says the lawsuit is about promoting good government that follows the rules, regardless of where any individual stands on the issue of abortion.
The lawsuit was filed on behalf of Preterm, a women’s health clinic in Cleveland that provides contraception, family planning and abortion services.
One anti-abortion restriction that’s not being sued over: The state budget effectively defunded clinics like Planned Parenthood by deeming their non-abortion services less competitive.
Republican legislators and Gov. John Kasich approved the anti-abortion restrictions with the state budget in June. But Democratic critics say the new rules harshly restrict access to legal abortions protected by the U.S. Supreme Court’s 1973 Roe v. Wade decision.
CityBeat covered the state budget in further detail here.