Nebraska Settles Planned Parenthood Lawsuit [Why Federal Judges Matter]

Yankton Press & Dakotan ^ | May 25, 2005 | KEVIN O'HANLON

[madprof98]

LINCOLN, Neb. -- The state has agreed to pay $50,000 to settle a lawsuit alleging that it illegally stopped giving grant money to two groups that counsel women about abortion.

Nebraska's chapter of Planned Parenthood filed a lawsuit in federal court seeking to reinstate a state grant the agency planned to use to fund a teen-outreach program.

The lawsuit came after Attorney General Jon Bruning issued an opinion that the $100,000 grant violated a state law that forbids the use of state money on abortion counseling and referrals or school-based health clinics and research using cell tissue from aborted fetuses.

The agency claimed the grant was legal because the teen program did not include information about abortion.

Under Title X of the federal Public Health Service Act authorizing the largest federal-funded family planning program, the U.S. Department of Health and Human Services makes grants to states, localities, clinics and hospitals for family planning services.

Aimed primarily at low-income women, the money is granted only if the receiver provides certain services -- including informing women about abortion and referring them to a provider upon request.

The program would have created alternative clinics where "Teen Nights" would be held. At the events, youths would receive information about birth control, pregnancy tests, pap smears and tests for detecting sexually transmitted diseases.

Bruning said that HHS erred in awarding the grant to the agency, because Planned Parenthood receives federal grants that require it to offer abortion information on request.

The opinion effectively voided the grant, which would have funded the program in Lincoln and another in Hastings for three years.

The agency alleged that Bruning's interpretation would require Planned Parenthood to forgo its First Amendment right to free speech in order to receive the grant.

Bruning later reversed his opinion, but not before the state pulled the grant from Planned Parenthood.

In March, U.S. District Judge Laurie Smith Camp ruled that the state violated Planned Parenthood's First Amendment rights. She said that Planned Parenthood presented substantial evidence that the motivation for cancellation of the grant was the state's disapproval of Planned Parenthood's abortion-rights advocacy.

In Tuesday's settlement, the state agreed to pay Planned Parenthood $50,000 in damages and attorney fees. In addition, the state agreed not to terminate any grant with Planned Parenthood without cause, other than for documented budgetary reasons, for the next three years.

"This is an important ruling," said Chris Funk, CEO of Planned Parenthood of Nebraska & Council Bluffs. "It affects not just Planned Parenthood, but all Nebraska Title X recipients, from the University of Nebraska Medical Center to Panhandle Community Services in Gering.

"The state can't pull funding just because you received certain federal funds or because you engage in free speech that some state officials may not agree with," he said.

[madprof98]

We pay for the ACLU and Planned Parenthood to do their dirty work, and they laugh all the way to the bank.

[muawiyah]

This is nonsense. The Supreme Court on various occasions has ruled that no one has a right to a government grant to pursue freedom of speech.

[TigersEye]

Abortion is not about saving women’s lives!

Total Abortions since 1973

46,023,191

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Why the drop after 1960? (in deaths of women from illegal abortions)

The reasons were new and better antibiotics, better surgery and the establishment of intensive care units in hospitals. This was in the face of a rising population. Between 1967 and 1970 sixteen states legalized abortion. In most it was limited, only for rape, incest and severe fetal handicap (life of mother was legal in all states). There were two big exceptions — California in 1967, and New York in 1970 allowed abortion on demand. Now look at the chart carefully.

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Abortion Statistics - Decision to Have an Abortion (U.S.)

· 25.5% of women deciding to have an abortion want to postpone childbearing

· 21.3% of women cannot afford a baby

· 14.1% of women have a relationship issue or their partner does not want a child

· 12.2% of women are too young (their parents or others object to the pregnancy)

· 10.8% of women feel a child will disrupt their education or career

· 7.9% of women want no (more) children

· 3.3% of women have an abortion due to a risk to fetal health

2.8% of women have an abortion due to a risk to maternal health

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So how many women’s lives have been saved by abortion?

Only about 3% of abortions since 1972 were reported to be “due to a risk to maternal health.” A reasonable person would recognize that not all of those cases represent a lethal risk. But let’s say they did. That means that nearly 45 million fetuses were butchered to save the lives of about 1.3 million women. Or put another way; 35 babies are killed to save each woman.

Abortion was legal in all 50 states prior to Roe v. Wade in cases of danger to the life of the woman.