WLP staff and law professor David S. Cohen outside the City-County Building in Pittsburgh in October, 2022.
Last week, WLP interim co-director Susan J. Frietsche and law professor David S. Cohen presented oral arguments in the case Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services. Audio has been posted. You can listen to both sides argue this case here.
Frietsche outlined what petitioners are seeking in her opening statement:
“We ask the court to overrule the Fischer decision, to affirm that the Pennsylvania Constitution protects the right of reproductive autonomy as a fundamental right, and to strike down the Medicaid abortion coverage ban. The coverage ban is a prohibited sex-based classification that perpetuates gender stereotypes and severely harms women in violation of the Equal Rights Amendment. The coverage ban violates the equal protection provisions of the Pennsylvania Constitution as well by discriminating against the exercise of fundamental reproductive autonomy rights.”
Asking the Justices to explicitly affirm reproductive autonomy as a fundamental right protected by the Pennsylvania state constitution has become more salient since the U.S. Supreme Court stripped our federal fundamental right to abortion by reversing Roe v. Wade.
Advocates Speak Out on Abortion Access in Pennsylvania
Immediately following the arguments, advocates spoke out about the importance of affirming our rights and eliminating politically imposed, discriminatory barriers to comprehensive healthcare in a virtual press conference.
Kelly Davis, Executive Director of New Voices for Reproductive Justice rightfully asserted that not allowing Medicaid to pay for abortion is essentially an abortion ban for people already living in poverty or disabled. “As reproductive justice advocates, we urge the Pennsylvania Supreme Court to state unequivocally that the ban on abortion coverage from Medicaid violates the Pennsylvania constitution’s guarantees of equality,” said Davis.
Executive Director of Planned Parenthood Pennsylvania Advocates Signe Espinoza said she knows all too well what it feels like to discover politicians installed a barrier to abortion care at the exact moment it’s needed. “I was in college and found out I couldn’t use my insurance for this very simple procedure,” said Espinoza. “We should all be able to live work and make decisions about our health and futures, no matter where we get our insurance.”
Espinoza made a critical observation: While this case is being considered by Pennsylvania Supreme Court Justices, anti-abortion lawmakers in our state Legislature are advancing an anti-abortion constitutional amendment that would pave the way to fully criminalizing abortion in Pennsylvania … and prevent cases like this from being argued at all.
Jennifer Garman, Director of Government Affairs at Disability Rights Pennsylvania, spoke of the acute harm abortion bans pose to people with disabilities. “Historically, the disability community has faced atrocious violations of bodily autonomy and reproductive rights that persist today. This includes forced sterilizations, disproportionately high rates of physical and sexual violence, and unwarranted interference with parental rights,” said Garman. “Continued access to abortion care is vital for the physical and mental health and safety of Pennsylvanians with disabilities.”
This litigation is a community effort. We thank our clients, the 40+ advocacy organizations that signed on as amici, and the experts who submitted affidavits for your support and dedication to pursuing reproductive freedom for all and the full promise of equality under our constitution. Case documents can be reviewed here.
Take Action!
Pennsylvania’s anti-abortion lawmakers are determined to eliminate our state-based constitutional rights so their perpetual overreach into our medical decisions and private lives cannot be challenged in court. The hard truth is even a victory in this case can be stripped away if the anti-abortion constitutional amendment advancing through the Pennsylvania state legislature is enacted.
Sign our petition opposing the anti-abortion constitutional amendment.
Urge friends to sign up for WLP Action Alerts and stay tuned for future actions.
Join Our Team
Are you a finance and admin professional devoted to gender justice and protecting reproductive autonomy? We’re hiring!
Join Us at Our Philadelphia Gala on November 17
After two years of virtual events, we are excited to be with one another in person once again!
Our gala is Thursday, November 17, at the Ballroom at The Ben (834 Chestnut Street, Philadelphia). Doors will open at 5:30 pm and festivities will conclude at 8:30 pm.
You can register here.
The overturning of Roe v. Wade defies nearly five decades of precedent, international human rights standards, and the advice of medical and legal experts. Eliminating federal protections for reproductive rights is having disastrous effects on the people we serve, public health, and society at large. It even threatens rights like marriage equality. We are in for the fight of our lives. That’s what makes your support so critical.
Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond. As a non-profit organization, we can not do this work without you. Please consider supporting our work.
Sign up for WLP’s Action Alerts. Stay up to date by following us on twitter, Facebook, and Instagram. You can contact us here.
