Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Minnesota
Related: About this forumWhat Doe v. Gomez means for future of abortion in Minnesota
https://www.startribune.com/what-is-doe-v-gomez-and-why-is-it-so-important-to-minnesotas-abortion-debate/600182341/At the heart of the argument from women's groups was the fact that medical assistance couldn't be used for abortion under most circumstances, yet it could be used for childbirth-related medical services. They argued that funding scheme denied women medical benefits established as a constitutional right in Roe v. Wade simply because the state did not approve. For that reason, state law violated Jane Doe's privacy and equal protection under the law, they argued.
Defendants in the case argued the Minnesota Constitution doesn't require the state to fund the exercise of every fundamental right and that there's a distinction between "a government action that creates an obstacle to abortion and government action that simply fails to remove a preexisting barrier."
In the Dec. 15 ruling, penned by Minnesota Supreme Court Chief Justice Alexander Keith, he wrote that a woman "cannot be coerced into choosing childbirth over abortion by a legislated funding policy...In reaching our decision, we have interpreted the Minnesota Constitution to afford broader protection than the United States Constitution of a woman's fundamental right to reach a private decision on whether to obtain an abortion," he added.
That ruling meant the right to abortion would remain protected in the state even if Roe v. Wade were overturned. But it went further than that opinion, allowing abortion coverage for low-income women who receive state assistance.
Defendants in the case argued the Minnesota Constitution doesn't require the state to fund the exercise of every fundamental right and that there's a distinction between "a government action that creates an obstacle to abortion and government action that simply fails to remove a preexisting barrier."
In the Dec. 15 ruling, penned by Minnesota Supreme Court Chief Justice Alexander Keith, he wrote that a woman "cannot be coerced into choosing childbirth over abortion by a legislated funding policy...In reaching our decision, we have interpreted the Minnesota Constitution to afford broader protection than the United States Constitution of a woman's fundamental right to reach a private decision on whether to obtain an abortion," he added.
That ruling meant the right to abortion would remain protected in the state even if Roe v. Wade were overturned. But it went further than that opinion, allowing abortion coverage for low-income women who receive state assistance.
The article goes on to say that even though there is a constitutional protection in Minnesota, it would be difficult but possible to remove it.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
3 replies, 1214 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (11)
ReplyReply to this post
3 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
What Doe v. Gomez means for future of abortion in Minnesota (Original Post)
WhiskeyGrinder
Jun 2022
OP
riversedge
(73,124 posts)1. Lucky MN women and families [for now at least]
ProudMNDemocrat
(19,058 posts)2. I will still continue the struggle for the females in my family.
Daughter, DIL, and 3 granddaughters.
This issue I am very passionate about because Contraception is next on the agenda once Roe is overturned all over this country. Which is why we need to make sure Tim Walz and the current team is re-elected.
dflprincess
(28,470 posts)3. I knew we had a strong state court ruling on choice
I did not know the state coverage abortion services for low income women.
Yay for us!
Now, get out & vote so we stay this way.