United States District Court Rules in Favor of Women’s Health, Judge Strikes Down Portions of South Dakota Law as Unconstitutional

(St. Paul) Planned Parenthood Minnesota, North Dakota, South Dakota applaud today’s ruling by the U.S. District Court in South Dakota striking down major portions of a South Dakota law which required doctors to give ideologically charged and misleading information to women seeking abortion services.

Specifically, the opinion by Judge Karen Schreier struck down the provisions of the South Dakota law that required telling the patient that:   an “increased risk of suicide ideation and suicide” is a “known medical risk” of abortion, and that having an abortion terminates “an existing relationship” between the woman and fetus.  

Judge Schreier found that requiring these statements is “untruthful and misleading.”

“We are pleased that the court recognized these provisions of the statue for what it is, pure ideology, not medical information, and that women in South Dakota should be able to make private health care decisions with their doctor- free from interference of government and politicians,” said Sarah Stoesz, CEO of Planned Parenthood Minnesota, North Dakota, South Dakota

“Planned Parenthood has been a trusted health care provider for 80 years and we believe women should always be able to get accurate, unbiased information about their health care so that she can make the right decision for her unique circumstances,” added Sarah Stoesz. "We are glad that the U.S. District Court agrees that the doctor-patient relationship should be free of government interference.”

In August 2008, Planned Parenthood Minnesota, North Dakota, South Dakota (PPMNS), along with Planned Parenthood Federation of America (PPFA), filed a motion for summary judgment with the District Court, asking the District Court to issue a final ruling that the state requirement mandating these specific disclosures were unconstitutional.
 
Planned Parenthood challenged the law in federal district court to protect women in South Dakota who rely on Planned Parenthood for abortion services. The lawsuit was brought on a number of bases, including that it violates doctors’ and patients’ constitutional rights by interfering in the doctor/patient relationship.

However, Planned Parenthood is disappointed that the court felt bound by an earlier Court of Appeals ruling to uphold another provision of the law compelling doctors to tell a woman, in the exact words written by the Legislature that “the abortion will terminate the life of a whole, separate, unique, living human being.”