Kansas City, Kan. — The American Civil Liberties Union on Tuesday filed a federal lawsuit challenging a new Kansas law that restricts insurance coverage for abortions, arguing that the measure discriminates against women.
The ACLU of Kansas and Western Missouri claims the law is unconstitutional because it prohibits women from buying insurance coverage for all of their health needs and doesn't put a similar restriction on men.
The law, approved by state lawmakers earlier this year, prohibits insurance companies from offering abortion coverage as part of their general health plans, except when a woman's life is at risk. Under the law, individuals and employers in Kansas who want abortion coverage will have to buy supplemental policies covering only abortion.
Supporters said the measure would protect employers who oppose abortion rights from having to pay for policies that cover the procedures. Critics said the policy was designed to limit access to abortion.
"Most insurance plans already cover abortion, along with other pregnancy-related services, including prenatal care," Doug Bonney, legal director of ACLU of Kansas and Western Missouri, said in a statement. "The state should not deprive a woman of the peace of mind of knowing that her insurance will cover all of her medical needs, including ending a pregnancy if she and her doctors decide that is the right decision for her and her family."
In the lawsuit, filed in federal court in Kansas City, Kan., the ACLU said its membership includes Kansas "women who have (or had) insurance plans that cover abortions but who will lose (or have already lost) that coverage because of the Act," and that the ACLU's mission is to defend "the individual freedoms embodied in the federal and Kansas and Missouri Constitutions, including the right to have an abortion."
The ACLU also claims the Kansas law "serves no legitimate state interest," and makes it more difficult for women to obtain and pay for abortions, which essentially imposes "an additional tax on the procedure."
Kansas Insurance Commissioner Sandy Praeger, whose office regulates state insurance laws, is named as defendant in the lawsuit, which seeks an injunction halting the law while the lawsuit proceeds.
Bob Hanson, spokesman for Praeger's office, said he could not comment because the insurance department's legal division had not yet reviewed the lawsuit.
Abortion opponents in Kansas have had several legislative victories since Gov. Sam Brownback, an anti-abortion Republican, took office in January. The state also passed laws further restricting late-term procedures, imposing new health and safety regulations on abortion clinics and requiring doctors to obtain parental consent before performing an abortion on a minor.
Kathy Ostrowski, legislative director for the anti-abortion group Kansans for Life, said in an email Tuesday that she also had not seen the ACLU's lawsuit. But she said "there are unfortunately too many zealots so wedded to an absolute right to abortion that they demand that everyone pay for it."
"In this case hoping our liberal state supreme court will approve what other states and the Supreme Court have not," Ostrowski said in the email.
Comments
somebodynew 1 year, 9 months ago
Good to see the ACLU coming through on a good cause. I hope someone is keeping track of how much the State (taxpayers) are going to be paying because of some of the ***&&&& this Administration is pushing to further their religious beliefs and agendas. I would like to see those figures in a year or two (before the next election).
kansanjayhawk 1 year, 9 months ago
well I did keep track of Sebelius and her secularist and pro-abortion agenda spending my tax monies to defend abortion, get used to it, when we have a pro-life governor we are going to fight against this practice to the max. extent allowed by the law! Killing and dismembering the unborn should be stopped and we will work within the system to do all we can to bring justice and stop this brutal violation of the human rights of the unborn!
jonas_opines 1 year, 9 months ago
Ha, "work within the system." haha
kansanjayhawk 1 year, 9 months ago
that is why alot of us worked very hard in state legislative campaigns to see these good people elected to office!
Kom_Hitro35 1 year, 8 months ago
The only rights that are being violated are those of women, when one pursues the goal of making abortion ILLEGAL. Women have every right to determine WHO uses their body and when and how it is used, JUST AS MEN DO, after all. If you're going to claim it's all about biology, then ban all organ donations, as well, please. Organ donations rely on non-biological transplants, after all. SIMPLE, no?
As for your Hitler reference on another thread, I would like to remind everyone that Hitler was ProAbortion and ProLife, NEITHER of which is ProChoice. Hitler also deemed that those he considered superior, German, rich, white, heterosexual, cissexual, commonly-abled, conservative, Christian (specifically Catholic) men could be afforded more rights than those he considered inferior (Jews, but most especially Jewish women) just like ProLife views both fetuses and men as superior and women as inferior.
As it stands, now, fetuses have the SAME rights as everyone else has. What ProLife seeks to do is grant them more rights than anyone born, and, accordingly, revoke those rights upon birth.
I suggest you look up the terms 'brutal violation' and 'dismemberment', while you're being educated. A violation only occurs if something is non-consensual. Fetuses can neither give OR deny consent. Dismemberment occurs when members are removed. At the time of MOST abortions, a fetus HAS no members.
I know, I know, you want to thank me for your education.... You're very welcome.
somebodynew 1 year, 9 months ago
I just re-thought what I wrote. I did NOT mean for that first senctecne to sound like a slam against the ACLU. They have done a lot of things I havn't agreed with over the years, but they have also done some really good things. I was just trying to say this is one of the good things.
jackpot 1 year, 9 months ago
The ACLU of Kansas and Western filed the lawsuit Tuesday in federal court in Topeka. Western what? Never mind it's an A.P. story.0
Ralph Reed 1 year, 9 months ago
@jackpot
Read the story. Your answer is in the first sentence of the second paragraph.
jackpot 1 year, 9 months ago
Funny that the line is missing from this story now. Now that's a rewrite. sorry the first line of 1:47 post needed " " at start and finish of the line. A.P. removed the line after the post.
rtpayton 1 year, 9 months ago
I've written some harsh words for the ACLU in the past. My judgement of the ACLU has changed to a more positive light in their decision to sue the State of Kansas in order to protect women and children.
jaywalker 1 year, 9 months ago
How is this a good thing in any way? Abortion is an elective procedure and most aren't covered by insurance, what makes this different? Seems like the ACLU is wasting time and dough again. Particularly silly with the argument that it's not fair based on a male/female perspective, as if men can give birth.
jafs 1 year, 9 months ago
The law prohibits insurance companies from offering it - that's the difference.
And, why is the male/female thing so silly? If policies include a variety of procedures for men related to sexuality, but not for women,...
jaywalker 1 year, 9 months ago
Aaah, I see. I don't believe the insurance companies would offer it even if the law didn't exist, but that makes more sense.
It's silly because it's a fallacious argument. Last I checked, only women can have the procedure. It's not like men are allowed to but women can't.
jafs 1 year, 9 months ago
No, but if there are other procedures that men can have, like vasectomies, etc.
It doesn't have to be the same thing that one can do and another can't - it could be elective procedures men can have instead.
jaywalker 1 year, 9 months ago
??? What are we talking about? There are obviously different procedures for different genders............soooo?
jafs 1 year, 9 months ago
The point is that if procedures for men like vasectomies are covered, but not procedures for women like abortion, there may be an "unequal treatment under the law" issue there.
If elective procedures for men related to sexuality are covered, and similar elective procedures for women are not, isn't that unequal treatment?
A better contrast with Viagra would be birth control pills, perhaps, or female sexual enhancing medications.
Of course, little to none of this would be an issue if the government hadn't chosen to make a law about this.
dogsandcats 1 year, 9 months ago
Insurance companies are still allowed to provide coverage for Viagra. But not abortion. That is why it is unequal.
jaywalker 1 year, 9 months ago
Please admit that was sarcastic. Fairly certain it was, but I need a touch more vermouth.
just_another_bozo_on_this_bus 1 year, 9 months ago
Nearly any medical procedure could be called "elective," as there are almost always alternatives available.
The alternative to abortion is childbirth, and much of the costs for that are often covered by insurance. Abortion is a legal procedure, and there is absolutely no reason it shouldn't be covered by insurance.
And, of course, men can't give birth. But there aren't any comparable male-specific conditions that aren't covered by insurance. Therefore, unequal treatment under the law.
jaywalker 1 year, 9 months ago
"Nearly any medical procedure could be called "elective," as there are almost always alternatives available."
No, they can't. Unless you want to take the moronic view of it's 'do or die', but you're not that ridiculous, are you?
" Abortion is a legal procedure, and there is absolutely no reason it shouldn't be covered by insurance."
Liposuction, lip injection, butt enhancement, tummy tucks, breast enhancement, blah blah blah....those are legal procedures. So insurance should cover EVERYTHING? You don't have a clue, do ya?
"And, of course, men can't give birth. But there aren't any comparable male-specific conditions that aren't covered by insurance. Therefore, unequal treatment under the law."
I'd retort, but I can't stop chuckling! That is a priceless paragraph. Hall of Fame, pal! There's phenomenally challenged, and then there's bozo! Thanks for being you, buddy.
kansanjayhawk 1 year, 9 months ago
What about the "civil rights" of the unborn?
kantubek 1 year, 9 months ago
Keep up the good fight.
Agnostick 1 year, 9 months ago
While I agree, in principle, with what the ACLU is doing here... I also think the male/female thing is silly. It's bound to distract from the seriousness of the issue, which is that sometimes, abortion is necessary to protect the life of the mother... and that what happens regarding any medical procedure is strictly between the physician and the patient. If a health insurance provider wants to cover abortion procedures, with or without restrictions, it should be the right of that independent business to do so.
That alone is sufficient grounds for a suit, without getting into the ridiculous "men can't have abortions, too" argument...
xclusive85 1 year, 9 months ago
"If a health insurance provider wants to cover abortion procedures, with or without restrictions, it should be the right of that independent business to do so."
While I also think that abortion should be covered, this line of thinking could also be applied to charging skyrocket premiums or excluding people based on preexisting conditions. Those decisions would also be the right of that independent business, correct?
cait48 1 year, 9 months ago
"...and that what happens regarding any medical procedure is strictly between the physician and the patient." This was the very basis of the decision made for Roe V. Wade. The fact that this state passed a so called "fetal pain" law (based on unfounded and unproven beliefs) that not only stripped the "mental health exception" (which is the exception under which a woman could abort a non-viable fetus) and also stripped the ability of any physician to declare a fetus "non-viable" is essentially interference in that right. I'm hoping that eventually this law will be challenged as well. The passage of this law was a step back into barbarism that, in my opinion, was outright horrific.
kansanjayhawk 1 year, 9 months ago
Babarism is the law that has been in Kansas to allow killing and dismemberment of unborn children right up until the day of birth! We the moral majority have awoken and are now putting the brakes on the barbarism of the notorious George Tiller and his ilk! Killing and dismembering the unborn is something that should never be permitted in Kansas it is unjust and a brutal violation of their human rights!
cait48 1 year, 9 months ago
/ignore
KS 1 year, 9 months ago
I hope the ACLU loses.
TheStonesSuck 1 year, 9 months ago
Regardless of your personal stance on abortion, you should be concerned with Heir Brownback's eagerness to spend our money on an issue that stands practically zero chance at withstanding judicial scrutiny. The fact is, he's attempting to outlaw a legal procedure, or at least making it more difficult for Kansans to access health care. This is unreasonable regardless of your viewpoint because the Supreme Court has said so. And then Sammy is using our money to defend this untenable position, all the while decrying the spending habits of the other side. He is a hypocrite through and through.
kansanjayhawk 1 year, 9 months ago
I completely agree the ACLU is a sham not really defending the human rights of all citizens!
cait48 1 year, 9 months ago
/ignore
dogsandcats 1 year, 9 months ago
Thank you, ACLU.
Katara 1 year, 9 months ago
"Kansas Insurance Commissioner Sandy Praeger, whose office regulates state insurance laws, is named as defendant in the lawsuit, which seeks an injunction halting the law while the lawsuit proceeds." ~~~~~~~~~~~ I feel bad for Commissioner Praeger. It seems like lately she is the one who has to the bear the brunt of the consequences for Gov. Brownback's decisions.
kansanjayhawk 1 year, 9 months ago
Don't feel too bad for her because this will likely be her last RINO term! She is nothing but a closet liberal democrat and believe me alot of us conservatives Republicans have her number for the next election!
jonas_opines 1 year, 9 months ago
It would be funny if at some point you eliminated everybody that conservatives thought were RINO's, and then were forced to realize that the policies of hard-line conservatives are ludicrous fairy-tales with no basis in reality and, thus, no hope of actually working in real life.
Not that most would realize. I'm sure they'd still be blaming the libs, or whatever other scapegoat they'd have to come up with to keep from thinking about their positions in a critical light.
KS 1 year, 9 months ago
I still hope the ACLU looses. Nothing more important than life. Without it, nothing more matters.
kansanjayhawk 1 year, 9 months ago
We are talking about the "law" we all have the right to express our opinion!
cait48 1 year, 9 months ago
/ignore
roadwarrior 1 year, 9 months ago
Praeger probably invited the review. ACLU to Brownback...not on our watch. Instead, let us sit together and review the law. No, Governor, you won't be needing your bible for this lesson. Let us all get out our consitutions and turn to page...........
cait48 1 year, 9 months ago
The ACLU is a not a "business". They are a non-profit and the attorneys that argue their cases are pro-bono. (If that's too big a term for you it means they do it for free as volunteers.) The stated aim of the ACLU is to protect the Constitutional rights of all people. You should feel lucky we have them. (Well, unless you think the Constitution is only for certain "right" people and not for everybody, kinda like the #*%@weed at Perry's "prayer rally" that thinks the Establishment clause doesn't apply to Christianity).
kansanjayhawk 1 year, 9 months ago
They get alot of taxpayer dollars for this so-called pro-bono work!
cait48 1 year, 9 months ago
/ignore
Katara 1 year, 9 months ago
Why on earth would a daycare center open by a sex offender safe house?
Did they not do their homework and check to see if there are any sex offenders in the area?
If the daycare owners can't do basic homework for the location of their center, then they are not a good option for a safe daycare.
Oh and you should really RTFA instead of just kneejerking off of the headline.
jonas_opines 1 year, 9 months ago
Haha, Jayhawker1977 reading and thinking before posting?
hahaha. He only does one of those things, and then only occasionally.
fred_mertz 1 year, 9 months ago
I don't agree with everything the ACLU does, but they are a good check against government. Why should a daycare be allowed to open near a safe house and then require the residents to move? Kinda like the people that move next to a pig farm and want the pig farm to change their operations.
And, if the law does not define the daycare as a school then it is a moot issue. We can't allow government to make up their own rules even when we despise the brunt of their illegal actions because one day it might be us on the end of government abuse.
ivalueamerica 1 year, 9 months ago
For a state running out of money, we sure seem to have plenty for all the lawyers Brownback needs to continue defending illegal laws, rules and regulations, most of which Kansan's never wanted in the first place.
stops4armadillos 1 year, 9 months ago
Good point America. This "law" is absolutely obscene. How dare they interfere with a woman's right to ANY kind of health insurance. It's outright abusive. SHAME ON KANSAS!
kansanjayhawk 1 year, 9 months ago
Many of us believe the lack of a law has been even more "obscene" that is why we have worked so hard to elect a legislature that agrees with conservative traditional family values.
jonas_opines 1 year, 9 months ago
Are you somehow being prevented from exercising your conservative traditional family values.
Somehow I doubt that you are. Feel free to regale me, however, with tales of woe and oppression if you have them.
I think that you really find obscene is that other people are free to not follow your values. It's clear that makes you uncomfortable, and even angry, and so you want to force them to follow your way of thinking and living so that you don't have to feel uncomfortable anymore.
/and That is obscene.
ivalueamerica 1 year, 9 months ago
You are a Christian Supremacist and according to the Bible, that makes you fa false witness and a betrayer of God.
cait48 1 year, 9 months ago
LOL! Good one, autie. Snort. I gotta remember that one. I'm not sayin' Sam is gay but has anyone noticed that he seems to have the same barber and tailor that a lot of these outed politicians have? Someone should also point out to him that excessive homophobia is frequently a sign of repressed homosexuality. Oh and speaking of, has anybody ever imagined Sam going on vacation and wandering around in shorts and a 5 day growth of beard instead of looking like a robot with a stick up his heinie? The lulz are just great from a creative imagination.
kansanjayhawk 1 year, 9 months ago
wow--you sure show civility and respect for your opponents in an argument-- even if you don't agree with Governor Brownback that doesn't really give you the right to question his sexuality does it? Seems like alot of liberals can't just have a debate without stooping to the low blow!
distant_voice 1 year, 9 months ago
The ACLU should just put a large billboard on every road: "Kill More Babies - and Do it with Government Money".
meggers 1 year, 9 months ago
You might want to try reading the article. The state is telling PRIVATE insurers what they can and can't cover.
kansanjayhawk 1 year, 9 months ago
The majority of Kansans are opposed to the liberal agenda of the ACLU in the end this type of law suit will only hurt the pro-aborts as their true extremism is revealed.
jafs 1 year, 9 months ago
Since the ACLU's mission is to protect constitutional rights, I guess you're saying that doing that is a "liberal agenda".
So much for conservatives wanting to revere the constitution.
At least it's clear now, though - thank you.
MarcoPogo 1 year, 9 months ago
What did the Constitution ever do for anybody? :)
cait48 1 year, 9 months ago
/ignore
kansanjayhawk 1 year, 9 months ago
It is good that people are being educated that the ACLU really does not care about everyone's human rights! If you are inutero--you don't count--you should be destroyed-- how sad! But the truth is they only care about a certain set of very liberal agenda items that include getting God and religion out of public life and allowing porn and abortion to florish--a brave new world--without family values!
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