U.S. District Court Blocks ORC 3701.034

On 5/23/16, the U.S. District Court for the Southern District of Ohio Western Division granted a Temporary Restraining Order (TRO) to Planned Parenthood of Greater Ohio (PPGO) and Planned Parenthood Southwest Ohio Region (PPSOR), temporarily restraining the Ohio Department of Health and Hamilton County Public Health Commissioner from enforcing Ohio Revised Code Section 3701.034.  ORC 3701.034 was codified by House Bill 294, which was to become effective 5/23/16.  Among other measures, the statute requires the Ohio Department of Health (ODH) to ensure that all state funds and certain federal funds are not used to perform or promote nontherapeutic abortions, or to contract or affiliate with any entity that performs or promotes nontherapeutic abortions.  PPGO and PPSOR filed suit, complaining that the statute violates the U.S. Constitution First Amendment, as well as the Fourteenth Amendment‘s Due Process and Equal Protection Clauses.  The Court concluded “that Plaintiffs have a strong likelihood of success on the merits of their First Amendment claims,” and “a strong likelihood of success on the merits of their Equal Protection claims.”  While the TRO is in place, the Defendants are barred from ending funding to, and must consider grant/funding applications from, PPGO and PPSOR.  The Defendants must also reinstate PPGO and PPSOR contracts terminated pursuant to ORC 3701.034, unless those contracts have been replaced by those “with another organization that has already become effective and under which another organization is already providing services.”  The TRO is in effective till 11:59pm, 6/6/16, but may be extended by the Court.