Thursday, December 29, 2011

Court Allows Pregnancy Centers To Intervene In Establishment Clause Challenge To Informed Consent Abortion Law

In Planned Parenthood Minnesota v. Daugaard, 2011 U.S. Dist. LEXIS 148345 (D SD, Dec. 27, 2011), a South Dakota federal district court permitted two South Dakota crisis pregnancy centers to intervene as defendants in a lawsuit challenging on Establishment Clause and free speech grounds the 2011 changes to South Dakota's informed consent abortion law. The court has already granted a preliminary injunction in the case. The challenged amendments require abortion providers to refer women to a "pregnancy help center" before performing the abortion.  A pregnancy help center is defined as an entity that does not perform abortions and which has as one of its principal missions the providing of education and counseling "to help a pregnant mother maintain her relationship with her unborn child and care for her unborn child." Intervenors are two of the three organizations that have registered as pregnancy help centers. The court however placed limitations on the scope and form of intervenors involvement in the case.