Roundup: Indiana Judge Blocks Anti-Abortion Ordinance, and Abortions Cause Heat Waves

Aug 13, 2010, 9:13am

Robin Marty

An Indiana judge rules on Allen County's new anti-abortion ordinances, and a Russian dairy farmer threatens to fire employees who obtain abortions.

Well, it doesn’t happen often, but it seems that everyone thinks they won in Indiana, where Dr. George Klopfer was challenging a county ordinance regarding out of state providers who travel in to perform abortions.

From the Republic:

A federal judge in Fort Wayne has blocked part of a new Allen County health ordinance, saying it could potentially endanger the privacy of women who obtain abortions.

Judge Robert L. Miller Jr. issued a preliminary injunction last week barring the county from enforcing sections of the ordinance that require information that could identify patients to be reported to local and state health officials.

Miller found that Dr. George Klopfer’s argument that those requirements violated abortion patients’ 14th Amendment rights to informational privacy was likely to prevail in court. His order left other portions of the ordinance, including those requiring out-of-county doctors to provide after-hours contact information to local hospitals, intact.

But although there appears to be two sides to this victory,much of the ruling appears to be favoring the doctor, and the right to privacy of his clients. Via the Journal Gazette:

According to an order handed down Wednesday by U.S. District Judge Robert L. Miller Jr., Allen County officials cannot enforce portions of the amended ordinance concerning patient notification forms and patient-identifying information. The county also cannot provide identifying information to the Indiana State Medical Licensing Board.

The ordinance enacted this year by the Allen County commissioners requires that out-of-town doctors provide contact information to area emergency rooms and the local health department.

It requires phone numbers where the out-of-town doctors can be reached 24 hours a day, as well as written notification signed by the patient.

The ordinance gives a health department employee charged with enforcement the authority to review the department’s records, including documentation of emergency contact information.

The judge did agree with the county on a few pieces of the ordinance, however. Also from the Journal Gazette:

The ACLU did not prevail on all of its arguments, however. Miller disagreed with Klopfer’s assertions that existing state law prohibits Allen County from enacting further regulation in the medical field, nor did the judge feel the county would seek to search patients’ notification forms in an unconstitutional manner, according to court documents.

Miller did agree with Klopfer about the patient notification forms.

In his ruling, Miller said that while the ordinance’s purpose is to ensure communication between Allen County medical providers and out-of-town doctors, it was unclear how much of a need there was to have patients sign a form.

There was also a question about the need for county health officials to “leaf through medical records or files containing these signed forms to ensure compliance with the ordinance and the need to send unredacted patient identifying information to the Indiana State Medical Licensing Board,” Miller wrote in his opinion.

Falk said the temporary injunction prevents private information from being disclosed to the county or to the state.

“Dr. Klopfer is still required to give emergency notification to his patients, but of course he does that already,” Falk said, adding such notification was already required by state regulations.

“We’re obviously pleased that the court upheld what we thought were very serious incursions on patients’ rights to privacy here,” he said.

Mini Roundup: Yesterday we had a church offer its employees birth control but state they could be fired if they use it. Today, a dairy in Russia says you can be fired for having an abortion. Oh, and that you need to get remarried in a religious ceremony. And that being sinners makes God send heatwaves.

FRIDAY BONUS ITEM: Am I the only one who thinks a condom called “Origami” doesn’t sound very comfortable?

August 12, 2010

The 10th Anniversary of the Choose Life Tag is Celebrated in the NJ State House – DFW Catholic

Govt to expand promotion of abortions abroad – The Christian Institute

Meek gets NOW backing, launches new TV ad – The Hill

Poll: Young Latinos Less Likely to be Catholic – Christian Broadcasting Network

Barack Obama’s Image in Kenya Tarnished by Abortion Battle – Catholic Family and Human Rights Institute

Republican Party Can’t Support Mitch Daniels’ Truce on Key Abortion Issues – LifeNews.com

Russian dairy to sack women who have abortions – BBC News

Perriello abortion stance weak, useless – Charlottesville Daily Progress

Glenn Beck on Gay Marriage and Abortion (Video) – Associated Content

After abortion doctor’s suit, US judge blocks part of Indiana county health … – The Republic