The 6th Circuit Court has ruled that a law in Ohio that prevents the state from funding “nontherapeutic abortions” does not violate the constitution. There is no due process right to abortions. And the government is under no obligation to fund any activity, deemed constitutional or not.
The 6th U.S. Circuit Court of Appeals ruled 11-6 on March 12 (pdf), saying that the condition did not violate the constitution because the groups do not have a due process right to perform abortions. This ruling overturns a previous decision by a three-judge panel in the same court that found the law unconstitutional.
I admit that I like this explanation: “Private organizations do not have a constitutional right to obtain governmental funding to support their activities.”
“The state also may choose not to subsidize constitutionally protected activities. Just as it has no obligation to provide a platform for an individual’s free speech, say a Speaker’s Corner in downtown Columbus, it has no obligation to pay for a woman’s abortion. Case after case establishes that a government may refuse to subsidize abortion services.”
He continued, “the Supreme Court has never identified a freestanding right to perform abortions. To the contrary, it has indicated that there is no such thing. … Medical centers do not have a constitutional right to offer abortions. Yet, if we granted Planned Parenthood relief today, we would be effectively saying that they do.”
Someone in New Hampshire needs to make this case ina court somewhere soon.