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- Title
U.S. supreme court considers new title X regulations.
- Abstract
This article presents excerpts from the petitioners' and the U.S. government's briefs in a lawsuit challenging regulations governing the Title X family planning program. Section 59.8 of the new regulations provides that a Title X project may not provide counseling concerning the use of abortion or provide referral for abortion. The new regulations further require that the mandatory referral list for prenatal care itself be skewed against the option of abortion. Moreover, the Title X physician is prohibited from identifying those providers on the list, if any, that perform abortions. The challenged regulations strike at the heart of what the First Amendment protects. Regulations that excise all nonpejorative references to abortion from that dialogue do not leave intact the role of the physician. Section 59.9 will cast asunder the delicate financial balance of the nonprofit and public entities participating in the Title X program because programs funded by non-Title X sources that necessarily include the speech prohibited by sections 59.8 and 59.10 must by run in physically separate locations. Under any standard of review, these regulations impermissibly interfere with the Fifth Amendment rights of women seeking medical care at Title X clinics.
- Subjects
UNITED States; APPELLATE procedure; ACTIONS &; defenses (Law); BIRTH control laws; WOMEN'S health services; ABORTION counseling; CONSTITUTIONAL law
- Publication
Family Planning Perspectives, 1991, Vol 23, Issue 1, p38
- ISSN
0014-7354
- Publication type
Article