AUSTIN -- Governor George W. Bush today filed an amicus curiae (friend of the court) brief in Texas' Third Court of Appeals today shortly before the Court heard arguments in a lawsuit in which six abortion providers are suing the State for tax funding for elective abortions. Bush's brief opposes a court mandate to fund elective abortions.
"We applaud Governor Bush for his principled stand against forcing taxpayers to reimburse abortion providers," said Joe Pojman, Ph.D., executive director of Greater Austin Right to Life. "Funding abortions would be bad for taxpayers, and it would send a message to poor women that their children are not welcome in Texas."
The Texas abortion providers -- three doctors and three facilities -- are seeking reimbursement for elective abortions performed on Medicaid-eligible women by suing the State of Texas (Docket No. 03-98-209CV). No Medicaid-eligible women are among the plaintiffs. The providers' attorneys are Catherine Mauzy (Austin) and Bonnie Scott Jones of the New York-based Center for Reproductive Law and Policy. Attorney General John Cornyn is defending the State.
The appeal seeks to overturn Texas' current policy of limiting abortion funding to cases of rape, incest, and endangerment to the mother's life, amounting to fewer than two dozen per year. The abortion providers assert they are asking only for funding for "medically necessary" abortions. While true, this is misleading. This legal term includes elective abortions, including those for birth control, gender selection, and illnesses not requiring abortion. Even abortions performed on minors without parental notification or consent would be funded if the providers are successful. The Court will force Texas taxpayers to annually pay for thousands of abortions costing more than a million dollars.
Governor Bush joins 67 state senators and representatives who filed a separate brief, also opposing tax-funded abortions. The Legislators' brief was filed by attorneys for Greater Austin Right to Life. Copies may be obtained upon request.
A decision from the three-judge panel of the Third Court of Appeals is expected no earlier than three months from now.
Joe Pojman, Ph.D., Executive Director; Greater Austin Right to Life
2026 Guadalupe St. Suite 312, Austin, Texas 78705
email: joe@gartl.org, Web Site: http://www.gartl.org
phone: (512) 477-1244, fax: (512) 472-6246