Planned Parenthood of Greater Ohio. v. Hodges, No. 16-4027 (6th Cir. 2019)Annotate this Case
Enacted in 2016, Ohio Revised Code 3701.034 requires the Ohio Department of Health (ODH) to ensure that all funds it receives through six non-abortion-related federal health programs are not used to contract with any entity that performs or promotes nontherapeutic abortions, or becomes or continues to be an affiliate of any entity that performs or promotes nontherapeutic abortions. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. 1983. In 2018, the Sixth Circuit affirmed the entry of a permanent injunction, applying the “unconstitutional conditions” doctrine. Following rehearing, en banc, the Sixth Circuit reversed. While the Ohio law imposes a condition on the continued receipt of state funds that condition does not violate the Constitution because the opponents (Planned Parenthood affiliates) do not have a due process right to perform abortions. "Private organizations do not have a constitutional right to obtain governmental funding to support their activities. The State also may choose not to subsidize constitutionally protected activities. Just as it has no obligation to provide a platform for an individual’s free speech, say a
Speaker’s Corner in downtown Columbus, it has no obligation to pay for a woman’s abortion."
This opinion or order relates to an opinion or order originally issued on April 18, 2018.