August 5, 2010

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Federal Judge Hears Archdiocese Contention that Baltimore Law is Violation of Free Speech
Part One of Three

By Dave Andrusko

Good evening! Part Two catches you up on the remarkably effective way NRLC is using Twitter. In Part Three Congressman Chris Smith demonstrates how abortion thwarts the objectives of improving the health of women in developing nations. Over at "National Right to Life News Today" (www.nationalrighttolifenews.org), there is a series of stories: on women's health after abortion; the beautiful "Infinite Possibilities" video on line; the promise of adult stem cells in treating spinal injuries; and opposition to ads for abortion on TV in Great Britain. Please send all of your comments to daveandrusko@gmail.com. If you like, join those who are now following me on Twitter at http://twitter.com/daveha.

On Wednesday U.S. District Judge Marvin J. Garbis heard arguments for and against the Baltimore city ordinance that requires pro-life pregnancy centers to post signs stating they do not provide abortion or birth control. The three hours of testimony was part of a lawsuit filed against the city by the Archdiocese of Baltimore which helps run three centers in Baltimore.

Passed by the city council in November 2009, the law went to effect January 4. The city moved to dismiss the lawsuit, but Judge Garbis "did not make a ruling at Wednesday's hearing, and said his decision would most likely be appealed to the 4th U.S. Circuit Court of Appeals," the Baltimore Sun reported.

Failure to post the sign, in English and Spanish, is punishable by a fine up to $150 per day. The city is not enforcing the ordinance while the case is in litigation.

Austin, Texas, and Montgomery County (Maryland) have passed a similar ordinance, but such measures have failed at the state level in Virginia, Maryland, Washington and Oregon, according to the Catholic News Service. However, NARAL Pro-Choice California is currently trying to gin up support for a disclaimer requirement.

According to published accounts, Judge Garbis asked both sides a series of hypotheticals. Perhaps the most interesting--and ominous--was one posed to Baltimore Chief Solicitor Suzanne Sangree. "Sangree said a doctor who did not provide or refer for abortion would have to post signs," according to the Daily Record. "She said the measure was needed to prevent 'consumer confusion' about what is offered at the centers."

Arguing on behalf of the Diocese, attorney David W. Kinkopf said the ordinance singles out pro-life clinics "and infringes on their freedoms of speech and religious expression--a violation of the First Amendment. "Planned Parenthood does not need to be specific about what they offer," Kinkopf said. "The ordinance doesn't have neutrality."

He added, that even if the signs are completely truthful, "the government doesn't get to choose what's the first thing we have to say and how we say it," The Catholic Review reported.

Thomas J. Schetelich is chairman of the Center for Pregnancy Concerns, another plaintiff. According to the Daily Record, "he said that while the law requires pro-life centers to post a sign, it does not require abortion clinics to post signs if they do not provide, for example, adoption referrals, which the pregnancy center does."

The other assertion constantly made by pro-abortion groups in reports such as NARAL's , "Unmasking Fake Clinics: The Truth About Crisis Pregnancy Centers in California" is that pro-life pregnancy centers offer medical misinformation.

By this they typically mean that there is no association between having an induced abortion and a heightened risk of breast cancer, on the one hand, and a greater incidence of a range of physical and emotional problems post-abortion, on the other hand. In fact there is a plethora of studies demonstrating both. For example, see, "Women's Health after Abortion: The Medical and Psychological Evidence" which is over at "National Right to Life News Today" (www.nationalrighttolifenews.org.)

"Truth in advertising' should work both ways," Vicki Evans, respect life coordinator in the Office of Public Policy and Social Concerns of the Archdiocese of San Francisco, told the Catholic News Service. "Truth be told, Planned Parenthood's largest profit center is abortion. Perhaps consideration should be given to requiring this fact to be posted at clinics whose primary service is abortion. Something like, 'Abortion is our specialty.'"

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