A federal judge on Monday dismissed a lawsuit filed by the American Civil Liberties Union (ACLU) of Michigan that challenged a Catholic health system for allegedly violating federal law by withholding emergency abortion care for women experiencing pregnancy complications, the Detroit News reports (Williams, Detroit News, 4/11).
Background
Catholic hospitals operate under the Ethical and Religious Directives for Catholic Health Care Services, which ban Catholic facilities from performing abortion, sterilizations and certain other procedures. The number of Catholic hospitals in the United States increased by 16 percent from 2001 to 2011 (Women's Health Policy Report, 2/22).
In July 2015, ACLU of Michigan and ACLU filed the lawsuit on behalf of their members against Trinity Health Corporation, a Catholic health care system (U.S. District Court ruling, 4/11). The system includes 86 facilities in 21 states.
The lawsuit alleged that Trinity violated the Emergency Medical Treatment and Active Labor Act (EMTALA) by withholding emergency abortion care from women suffering from pregnancy complications who presented for care at Trinity hospital emergency departments (ED) (Dalbey, Plymouth-Canton Patch, 4/11). Under EMTALA, Medicare-participating hospitals with EDs are required to provide stabilizing treatment to patients with emergency medical conditions (Women's Health Policy Report, 2/22).
Specifically, the lawsuit alleged that at least one of ACLU of Michigan's members "suffered severe harm" because of a Trinity hospital's compliance with the Catholic directives, while other members, including one pregnant member, is at risk for future harm (U.S. District Court ruling, 4/11).
Monday's ruling
On Monday, U.S. District Judge Gershwin Drain granted a motion filed by Trinity to dismiss ACLU's complaint.
In the motion, Trinity claimed that ACLU lacked standing to bring the lawsuit on behalf of a woman denied care or on behalf of women who might be at risk during a current or future pregnancy. Drain in his ruling agreed with Trinity, stating that ACLU did not sufficiently demonstrate how its members were harmed by the hospital system.
Drain also said ACLU's argument that Trinity's policy withholding emergency abortion care could harm pregnant women in the future was speculative.
Alexa Kolbi-Molinas, an attorney at ACLU, said the ruling will have "grave implications" for pregnant women and those close to them. She stated, "It is important to recognize that the court's decision says nothing about whether Trinity's policies of withholding emergency abortions from women is lawful." She added, "We are considering next steps in this case and will continue to fight for pregnant women who are denied potentially life-saving care because doctors are forced to follow religious directives rather than best medical practices" (Detroit News, 4/11).


