Kansas Taxpayers May Pay Anti-Abortion Bill Legal Costs in GOP War on Women
If the equal protection defense stands, this case could impact lots of wingnut bills that limit abortion.
Kansas may be liable for not letting health insurers cover abortions under comprehensive policies, a federal judge ruled.
Sandy Praeger, state insurance commissioner, had moved for partial summary judgment on the pleadings, arguing that the American Civil Liberties Union did not properly plead its claim that the law unfairly singles out women in violation of the right to equal protection.
The ACLU is also suing for violation of its members 14th Amendment rights to due process.
U.S. District Judge Julie Robinson in Topeka rejected the motion Thursday.
Under House Bill 2075, which Kansas enacted in 2011, insurers in the state cannot cover more abortions under comprehensive health insurance policies. An exception offers coverage to women who have “non-elective” because their lives are in danger. Otherwise, women must purchase a supplemental policy for abortion only to have coverage.