Texas Supreme Court weighs Medicaid abortion coverage

If the court says refusing to pay for services is sex discrimination, the decision could set a precedent to change other state policies.

By Tanya Albert, AMNews staff. Dec. 17, 2001.

After hearing arguments in November, the Texas Supreme Court this term will decide whether tax dollars should pay for "medically necessary" abortions for women enrolled in the Medicaid program.

Three Dallas-area physicians are among the groups that filed a lawsuit challenging Texas' Medicaid policy, which pays for abortion services only in cases of rape, incest or where the pregnancy threatens the mother's life.

The state argues the rule is in line with federal policy and that it doesn't discriminate against women.

But the doctors disagree. They say not paying for the service puts a group of low-income women -- those with medical conditions that would be aggravated by a pregnancy but that are not life threatening -- at risk for more complicated health problems for themselves or their fetuses.

"I hope the court does the sensible 21st century thing and rules to allow funding for these abortions," said retired obstetrician-gynecologist Robert Prince, MD, one of the doctors who filed the lawsuit. "These people are still sick."

A Texas lower court agreed with the physicians that not funding medically necessary abortions is sex discrimination and violates the state constitution's equal rights amendment. The state appealed that decision to the Texas Supreme Court.

Texas bases its restrictions on the federal Hyde Amendment, which prevents states from getting federal matching funds for abortion services unless the abortion is being performed because the mother's life is threatened or because of a case of rape or incest. The U.S. Supreme Court has ruled that the Hyde Amendment does not violate the U.S. Constitution. [...]