A group of abortion providers sued Pennsylvania over a statute that limits abortion coverage under the state’s Medicaid program known as Medical Assistance.
The Pennsylvania Abortion Control Act of 1982 prohibits using commonwealth and federal funds for abortion coverage except in cases of pregnancy caused by incest and rape and to prevent the death of a pregnant woman.
In 1985 (Fisher v. Department of Public Welfare, 502 A.2d 114), the Pennsylvania Supreme Court upheld the state law limiting Medical Assistance for abortion.
Petitioners argue that the 1982 state law discriminates women
In their complaint on Wednesday, the abortion providers argued that the state law violates the Equal Rights Amendment and the equal protection provisions of the Pennsylvania Constitution.
“The denial of Medical Assistance coverage for low-income women seeking to terminate a pregnancy contravenes fundamental guarantees of equality and poses a dire threat to their health and well-being,” reads the lawsuit.
The complainants stressed the state law discriminates women for excluding abortion from Medical Assistance. They argued, “The coverage ban also flows and reinforces gender stereotypes about the primacy of women’s reproductive function and maternal role, and thus offends the Pennsylvania Equal Rights Amendment’s prohibition again sex discrimination.”
