Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri, Inc. v. Templeton


SUMMARY

The Planned Parenthood Federation of America filed a lawsuit on behalf of Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri and an abortion provider challenging portions of Kansas’ omnibus anti-abortion bill, HB 2253.

Plaintiffs challenge the provision that requires abortion providers to post a link on their website to a government site containing the government’s viewpoint on abortion and to post scripted text endorsing the government’s message. Plaintiffs allege that this compelled speech violates their First Amendment rights.

They also challenge Kan. Stat. Ann. § 65-6709(b)(5) and (b)(6), the “informed consent” provision that requires physicians to tell women seeking an abortion that a fetus can feel pain as early as 20 weeks from fertilization and that they are ending the life of a “whole, separate, unique, living human being.” Plaintiffs allege that the requirement violates their rights under the Equal Protection Clause of the 14th Amendment because it prevents a woman from having an abortion unless Plaintiffs make statements to patients seeking abortions that are untruthful, misleading, and/or not relevant to those women.

Plaintiffs further allege that compelling them to communicate to every patient seeking an abortion irrelevant and misleading statements about fetal pain violates their First Amendment right to free speech.

STATUS

In June 2013, federal district court judge Kathryn Vratil refused to temporarily block parts of the law.

On August 12, 2013, Plaintiffs agreed to dismiss the “informed consent” claim, and on December 7, 2014, they agreed to dismiss the the remaining claims without prejudice.

KEY DOCUMENTS


Laws