Toledo — The Republican-majority Supreme Court of Ohio has ruled against Toledo’s only abortion provider, Capital Care Network. Today’s decision in Capital Care Network of Toledo v. Ohio Dept. of Health abandons 45 years of case law in favor of John Kasich’s anti-abortion agenda.
NARAL Pro-Choice Ohio Executive Director Kellie Copeland said: “Once a woman has made the decision to end a pregnancy, she needs access to safe and legal health care in her community. I can’t emphasize that enough — In. Her. Community. I am gravely concerned about the impact this will have on women in Northwest Ohio. Today’s politically-motivated decision is devastating to women who can’t afford to leave town, who can’t find childcare for an extended time, or can’t pay for the increased costs that come with delayed care. This decision, just like Gov. Kasich’s whole anti-abortion agenda, does nothing to protect women’s health. In fact, it does quite the opposite. This decision pushes abortion out of reach and punishes women for their decision to end a pregnancy.”
Ohio law requires ambulatory surgical facilities to obtain a medically-unnecessary transfer agreement with a local hospital. In a scheme to use that law to force abortion clinics to close, Governor Kasich banned public hospitals from providing those agreements to abortion providers in 2013. As a result, the University of Toledo Medical Center was no longer permitted to provide transfer agreements to abortion providers. The Center for Choice was immediately forced to close. This law, and the ruling by the Supreme Court of Ohio upholding it, are clear violations of the precedents of Roe v. Wade, and more recently Whole Women’s Health v. Hellerstedt. Ohio voters should remember that when they vote on November 6th for candidates to serve on the Supreme Court of Ohio.
Now, Capitol Care Network can only remain open if Toledo’s medical community steps up. A transfer agreement from ProMedica or St. Lukes’ Hospital, or doctors stepping up to support the clinic, are the only way to keep abortion access in Northwest Ohio.
Copeland continued: “I know ProMedica and St. Luke’s would prefer to remain neutral on abortion and I am appalled that Governor Kasich, and now the Supreme Court of Ohio, has put them in this position. However, ProMedica or St. Lukes must either sign a transfer agreement with Capitol Care Network or admit they are a part of Kasich’s quiet strategy to eliminate abortion access in Ohio. In the interest of women’s health, they must sign a transfer agreement with Capitol Care Network.”
Transfer agreements do not cost hospitals any money and they do not obligate them to provide abortion care. By signing a transfer agreement, ProMedica would simply be affirming that they will do what is already required under federal law — treat any patient that is transferred to them in a medical emergency.
Oral arguments were heard in Capital Care Network of Toledo v. Ohio Dept. of Health on September 12, 2017. Case No. 2016-1348.
Video from Ohio Channel: http://www.ohiochannel.org/video/case-no-2016-1348-capital-care-network-of-toledo-v-ohio-dept-of-health
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