Lawsuits Filed Over Federal Regulation on Abortion

Seven states and two abortion rights groups filed a lawsuit on Thursday against the U. S. government to invalidate a federal regulation that would protect health care workers who refuse to perform abortions or other medical procedures because of religious or moral reasons.

Attorneys general of the seven states of Connecticut, California, Illinois, Massachusetts, New Jersey, Oregon, and Rhode Island filed lawsuits on behalf of the states to the rule set by the Department of Health and Human Services. The Planned Parenthood Federation of America and Planned Parenthood of Connecticut and American Civil Liberties Union, which was acting on behalf of the National Family Planning & Reproductive Health Association, filed separate lawsuits in the U. S. District Court for the District of Connecticut. In a statement Planned Parenthood President Cecile Richards said, "We filed this lawsuit today on behalf of the millions of women whose health care has been put in jeopardy by the Bush administration's parting shot at women's health."

This regulation was set last month and would allow the federal government to withhold federal funds for state and local governments, health plans and health care facilities that do not follow existing federal laws that ban discrimination against doctors and other health workers who refuse to participate in procedures such as sterilizations or abortions or to make referrals for such procedures.

In a statement issued at the time, Health and Human Services Secretary Mike Leavitt said, "Doctors and other health care providers should not be forced to choose between good professional standing and violating their conscience. This rule protects the right of medical providers to care for their patients in accord with their conscience."

Those who oppose the rule say it is an attempt to deny legal abortion and contraception to women. In a joint statement Planned Parenthood Federation of America and Planned Parenthood of Connecticut said, "The midnight regulation, issued by the outgoing Bush administration, poses a serious threat to women's health care by limiting the rights of patients to receive complete and accurate health information and services."

Connecticut Attorney General Richard Blumenthal said, "On its way out, the Bush administration has left a ticking legal time bomb set to explode literally the day of the inaugural and blow apart vital constitutional rights and women's health care. Women's health may be endangered -- needlessly and unlawfully -- if this rule is allowed to stand." Blumenthal added that the regulation encouraged individuals to "deny virtually all forms of contraception's, even emergency contraception to rape victims."

In an e-mail department spokeswoman Rebecca Ayers said, "We have not had an opportunity to review the lawsuits and we will respond to the court on any pending litigation. The department followed appropriate procedures to put the regulation in place and the regulation is fully supported by law."

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