Court Blocks State-Funded Abortion Curbs

SAN FRANCISCO —  A state Court of Appeal on Wednesday blocked new legislative restrictions on state-funded abortions for low-income women, ordering such payments to continue while it considers a constitutional challenge to the limitations.

The court also barred state authorities from sending notices of the impending restrictions to recipients of Medi-Cal assistance, the program under which the abortions are obtained. Those notices had been set to go out Friday.

The suit challenging the funding limitation marks the first test of abortion rights in California since a U.S. Supreme Court ruling last week gave states more leeway to restrict abortion.

In an order signed by Presiding Appellate Justice J. Anthony Kline, the panel instructed officials to “continue to perform all ministerial duties” in providing funds for abortions, pending a further ruling in a suit filed Tuesday by civil rights and women’s groups.

The panel gave attorneys for the state Department of Health Services and other defendants until July 31 to file briefs responding to the rights groups’ challenge to abortion curbs. The funding limitation was included in the 1989-90 Budget Act signed last week by Gov. George Deukmejian.

New Provisions

The restrictions permit state-funded abortions only when the mother’s life is in danger, a pregnancy has resulted from rape or incest, the unborn child is severely deformed or an unmarried minor has notified a parent. The state courts have struck down similar limitations for the last 11 years.

If implemented, the new restrictions would deny state funding for about 90% of the 80,000 abortions that have been performed annually under the Medi-Cal program.

The suit, filed by lawyers for the American Civil Liberties Union and other groups, claims the restrictions violate the right to privacy and other provisions of the state Constitution.

While the federal high court’s ruling last week did not change California law, attorneys for state officials in the suit say they plan to cite the decision in defending the Legislature’s right to impose the funding restrictions.

The suit is expected to reach the state Supreme Court later this year. The court ruled in 1981 that under the California Constitution, the state could not deny funds for abortion while paying for childbirth services.

Since then, however, conservatives have replaced liberals as a majority on the court, and anti-abortion leaders have expressed hope that the newly aligned court may decide to reconsider the 1981 ruling.