A magistrate judge in Kansas has recommended that a federal court deny a request made by the ACLU. The request was to temporarily block a law that restricts insurance coverage for abortion until the court case regarding that law has been decided. The final decision will be up to a U.S. District judge.
Earlier this year, the state of Kansas passed a law that prohibits insurance companies from including coverage for abortions as part of a general health insurance plan. The only exceptions to this law are if the woman’s life is at risk, and if the only way to save her life is if she has an abortion.
The law requires that individuals who want their health insurance to cover abortion to purchase an extra, supplemental policy. The extra policy is basically a rider that provides coverage for only that particular medical procedure. In general, riders add to the cost of a person’s health insurance premium.
Employers in Kansas who offer employer sponsored health insurance have a little bit of choice. The employers are not allowed to offer health insurance to their employees that provides coverage for abortion. The employers can choose to offer the “abortion only” rider to their employees who wish to pay extra for this coverage. Or, the employer can choose not to offer the “abortion only” rider at all.
The American Civil Liberties Union (ACLU) has challenged this law. They have filed a federal lawsuit that contends that the law is unconstitutional because it discriminates against women. Their reasoning is that this law does not impose health insurance coverage limits on the health care needs of men. It only limits the coverage of health care options of women. There are no laws in Kansas that place limits on the type of health care that men may require.
The ACLU has asked that the new law be blocked, and unenforced, until the court case is decided upon by a judge. U.S. Magistrate Judge Kenneth Gale has recommended to the federal court that this request that was made by the ACLU be denied. The magistrate judge feels that the ACLU has “failed to present sufficient evidence that its members will suffer irreparable harm while the case is decided”.
This is only a recommendation, however. The ultimate decision will come from the judge has been assigned to the case. That person is U.S. District Judge Wesley Brown, who is a federal judge, and who is currently 104 years old. The ACLU has until September 26, 2011, to submit objections to the recommendation that was made by U.S. Magistrate Judge Kenneth Gale.
Image by Gordon Joly on Flickr