Federal Judge Rules Oregon Abortion Law Unconstitutional, State Appeals

Oregon’s Governor and Attorney General are appealing yesterday’s federal court ruling that the state’s abortion law, the Reproductive Health Equity Act (RHEA), violates the U.S. Constitution.

They Will Use Every Legal Tool Available to Uphold the State’s  Abortion Law

Governor Tina Kotek and AG Dan Rayfield announced that they will use every legal tool available to uphold the state’s 2017 law, which is being opposed by the anti-abortion group, Oregon Right to Life.

Judge Finds that State Law Threatens the Free Exercise of Religion

The state law requires insurance plans to cover abortions free of out-of-pocket expense, but yesterday, U.S. District Judge Mustafa T. Kasubhai ruled the state law unconstitutional. The judge said RHEA threatens the free exercise of religion and is not neutral.

The judge requested both parties to submit briefs within a fortnight. This will be followed by his written opinion.

Oregon Right to Life will request that the judge strike down the state law, while the state will ask the judge for a decision that applies only to Oregon Right to Life.

Oregon Right to Life does not oppose contraceptive methods to prevent pregnancy. However, it does oppose any procedure, device, or drug used to terminate a pregnancy.

Last October, the 9^th U.S. Circuit Court of Appeals found that the Oregon Right to Life’s abortion beliefs are religious in nature and sincere. The case, which had originally been overturned, was then referred back to the district court.

Yesterday, Judge Kasubhai ruled in line with his previous finding.

Oregon’s abortion law contains exceptions, one of which is for religious employers who inculcate religious values, or who primarily employ people with shared religious beliefs.

Private Healthcare Patients Could be Forced to Return to State Programs

In 2024, a total of 9,860 abortions were recorded in Oregon. If the court ruling goes against the state’s abortion law, which requires most private plans to cover the full cost of abortions, private patients could find themselves forced into state healthcare programs.

The Oregon Health Authority’s Abortion Access Plan covers the cost of abortions for most people who have health insurance through Providence, or whose religious employers do not have health insurance that covers abortion.