According to the ACLU, a Kansas law that bans health insurers from being able to provide coverage for an abortion is unconstitutional.
In Federal Court, the ACLU stated that this law prohibits women from receiving coverage even if the fetus has miscarried and “has no chance of survival.” They added that the only reason that the law is in place is to make it harder for women to be able to have and afford abortion care.
House Bill 2075 was signed into law on May 25, 2011 by Republican Governor Sam Brownback.
The complaint states that the law isolates a single healthcare service, that is, abortion, and bans insurers from being able to provide their policyholders with health insurance plans that covers this specific service.
There is one exception to this law, which states that if the life of the mother is dependent on the abortion, then insurance coverage is possible.
Following this act, thousands of women in the state, including some of members of the ACLU, have already lost their current abortion insurance coverage or will soon be losing it.
The ACLU has stated that the law discriminates against women, among other things. It also claims that the law puts women’s health in danger, as it prohibits miscarriage treatment. Often if a woman is in the midst of a miscarriage, assistance is required for the completion of the pregnancy’s termination. As long as the fetus is living, the law stops insurance companies from being able to cover the abortion, even if there is no chance of survival for the fetus.