ST. LOUIS(AP)
The state of Missouri must provide transportation to abortion
clinics for inmates who want to undergo the procedure, a federal
appeals panel ruled Tuesday.
In 2005, the U.S. Supreme Court ruled the state had to allow a
specific inmate, listed as Jane Roe, to have an abortion after the
state tried to end the practice of driving prisoners to clinics for
elective abortions.
The American Civil Liberties Union then sought a federal ruling
making the high court's decision a class-action on behalf of
all imprisoned pregnant women in the state.
U.S. District Judge Dean Whipple ruled in 2006 that the state
must allow pregnant inmates to have abortions and transport them to
facilities that perform the procedure. Tuesday's decision by
the three-judge panel of the 8th U.S. Circuit Court of Appeals
sided with the lower court ruling.
"The court recognized that the right to elect to have an
abortion survives incarceration," said Tony Rothert, legal
director of the American Civil Liberties Union's St. Louis
office. "This was about providing women with the opportunity
to exercise their choice even though they were
incarcerated."
It wasn't clear whether the state would appeal. A spokesman
for Attorney General Jay Nixon said the decision was still being
reviewed with the Corrections Department.
Gov. Matt Blunt called the ruling disappointing and noted that
Missouri law prohibits the use of state tax money to pay for
abortions.
"Over the last three years, we have made positive changes
in Missouri and enacted laws that reflect our profound respect for
the inherent dignity of each and every life," Blunt said.
"I am hopeful and prayerful that we can further protect life
by enhancing our laws to defend the dignity of human
life."
The ruling came on the 35th anniversary of the Supreme
Court's Roe v. Wade decision, which established a nationwide
right to abortion.
At a hearing in September, attorneys for the state argued
security concerns and the state's limited resources outweighed
a female offender's right to an abortion. Inmates are denied
certain freedoms, including "the right to procreate, vote and
travel," Assistant Attorney General Michael Pritchett told the
panel at the time.
But the ACLU said the state exaggerated its security concerns
and has shown an ability to safely transport inmates to an abortion
clinic in St. Louis despite the presence of protesters.
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