Thomas More Society Files "Friend of the Court" Brief for Indiana Legislators in Defense of Federal Lawsuit Attacking New State Law Defunding Planned Parenthood

Contact: Tom Ciesielka, 312-422-1333

CHICAGO, May 27, 2011 /Christian Newswire/ -- While some Democratic U.S. Senators were urging the U.S. Health & Human Services Department to support Planned Parenthood against efforts underway in several states to defund the nation's largest abortion provider, at the same time Thomas More Society filed a "friend of the Court" brief for Indiana legislators in defense of Indiana's newly enacted law -- the first successful effort by any state to accomplish such defunding. The TMS brief supports the state's defense against Planned Parenthood's current effort to persuade Federal Judge Tanya Walton Pratt, who presides in the Southern District of Indiana in Indianapolis, to block enforcement of Indiana's new law and strike it down as unconstitutional. A hearing is now scheduled for June 6 on Planned Parenthood's request for entry of a preliminary injunction against the new law, which not only denies state funding to Planned Parenthood and other abortion providers but also mandates that abortion providers inform women that "human physical life" begins with fertilization.

Filed on behalf of more than 60 members from both houses of the Indiana General Assembly, the TMS brief argues defends the constitutionality of Indiana's new law and urges that it continue to be enforced. Authored by Thomas More Society's special counsel Paul Linton, the brief argues:

First, Planned Parenthood has not proven that the funding restriction would interfere with, let alone impose any "undue burden" on, the ability of any pregnant woman to obtain an abortion in Indiana, and abortion providers themselves have no constitutional right to perform abortions separate and independent from the right of their women patients to obtain one.

Second, the new law does not coerce physicians or other health professionals to embrace or proclaim an ideological viewpoint with which they disagree, but only requires such professionals in a legitimate exercise of the state's regulatory authority to provide patients with medically and scientifically accurate "truthful, non-misleading information."

Third, medical and scientific authority proves that Indiana's mandated physician advice to prospective abortion patients that "human physical life ... begins with fertilization" is objectively true and accurate.

"Planned Parenthood's federal lawsuit is meritless," said Tom Brejcha, president and chief counsel of Chicago's Thomas More Society. "And despite pressure from U.S. Senators that support Planned Parenthood, we trust that this Indiana lawsuit will fail and that other states will follow Indiana's lead."

For more information or comments please contact Tom Ciesielka at 312-422-1333 or tc@tcpr.net. This brief is available here.

About the Thomas More Society
Founded in 1997, the Thomas More Society is a national public interest law firm that exists to restore respect for life in law. Based in Chicago, the Thomas More Society defends the sanctity of human life, traditional family values and religious liberty in courtrooms across the country. The Society is a nonprofit organization wholly supported by private donations. For more information or to support the work of Thomas More Society, please visit www.thomasmoresociety.org.