WASHINGTON - A federal court today granted two associations of pro-life medical professionals, represented by Alliance Defense Fund and Christian Legal Society attorneys, the right to intervene as defendants in a lawsuit attacking the "Weldon Amendment." The court then dismissed the case, filed by the National Family Planning and Reproductive Health Association, saying its arguments against the amendment "fall short" and have no "satisfactory basis."
ADF and CLS attorneys represent the Christian Medical Association and the American Association of Pro-Life Obstetricians and Gynecologists.
"This is a significant victory for pro-life health care workers who are protected by the Weldon Amendment," said Chief Litigation Counsel Steven H. Aden of CLS's Center for Law and Religious Freedom. "NFPRHA's lawsuit was without merit. We applaud the court's decision to dismiss the case and agree with its decision to allow our clients the right to be represented in any appeals, since it so clearly has ramifications for their members."
Congress passed and President Bush signed into law the "Weldon Amendment" in December 2004. The statute forbids state and local governments that receive federal funds from discriminating against healthcare providers because they refuse to perform or refer patients for abortions. NFPRHA filed suit, arguing that the amendment is unconstitutional. The court today disagreed.
According to the opinion issued Wednesday by the U.S. District Court for the District of Columbia, "The court cannot conclude...that the Weldon Amendment overreaches Congress's spending powers, exceeds the permissible boundaries of legislative delegation, meets the rigorous void-for-vagueness test, or is otherwise constitutionally infirm on its face." The full text of the opinion in the case,
National Family Planning and Reproductive Health Association v. Gonzales, can be read at
www.telladf.org/UserDocs/NFPRHA_opinion.pdf.
"The thousands of pro-life physicians, nurses, and other healthcare professionals in the pro-life medical groups we represent in the lawsuit are thankful that their convictions will continue to be protected by the Weldon Amendment," Aden said. "The court saw through the false cries of 'wolf' raised by the pro-abortion groups who are arrayed against conscience protections in the medical community. The decision today upholds Congress' intentions in enacting this important civil rights legislation."
Together, ADF, America's largest legal alliance, and CLS, America's premier membership organization of Christian legal professionals, defend religious liberty, human life, marriage, and the family.
www.telladf.org www.clsnet.org