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The Pennsylvania Supreme Court held that a Medicaid ban on abortion is sex discrimination under the state’s Equal Rights Amendment.
U.S. members of Congress hold signs calling for equal abortion access on April 19, 2023. under the state’s Equal Rights Amendment. Finding the ban “presumptively unconstitutional,” the justices sent the case back to the lower court to assess if the state has put forward a compelling state interest and demonstrated there are “no less intrusive methods” to meet its goals.Dobbs v.
Pennsylvania abortion providers in 2019 filed a lawsuit challenging the state statute banning Medicaid funding for abortion. This Medicaid ban, with very narrow exceptions, blocked access to reproductive autonomy and basic reproductive health care for the most marginalized peoplewomen of color, low-income women, and women in rural areas.
The Pennsylvania decision shows that the future of reproductive rights is tied to the momentum to secure constitutional guarantees of sex equality at the state level. In, the U.S. Supreme Court held that sex equality and the right to abortion are not rooted in our nation’s history and traditions and therefore lack constitutional authority.laid bare a vulnerability that was superficially bandaged over.
The past 50 years of abortion cases have taught advocates that sex equality must be explicitly provided for in constitutional language before courts will recognize and protect it. When the nation’s history and traditions form a basis for the continued subjugation of women, non-binary people, and transgender people, a new equality model must be forged by writing sex equality into state and federal constitutions.
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