Keep Abortion out of Pennsylvania’s Constitution

Key Points:

  • A consortium of abortion clinics have sued Pennsylvania, arguing that the Pennsylvania Supreme Court should force taxpayers to fund abortion and to find (invent) a right to abortion in the Pennsylvania Constitution.

  • A win for the abortion industry in this case would force taxpayer funding of abortion, and would likely establish a right to an abortion in Pennsylvania’s Constitution.

  • If abortion is declared a constitutional right in Pennsylvania, all current and future pro-life regulations would be in jeopardy of being struck down

The Threat

The Pennsylvania Constitution contains no right to an abortion or to taxpayer funded abortions, but the abortion industry is asking the Pennsylvania Supreme Court to find (invent) one in a case they filed, Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services.  

The case, brought by a consortium of abortion clinics (including Planned Parenthood) argues that the court should declare a right to abortion and taxpayer-funded abortions in the Pennsylvania Constitution.

A win for the abortion industry in this case would not only force taxpayers to fund abortion, but a court-imposed state-constitutional “right to abortion” could lead to all of Pennsylvania’s current pro-life laws being struck down,and could result in legalizing abortion right up until birth, paid for with taxpayer dollars. Any future pro-life laws enacted to protect women’s health and preborn babies lives would likely be struck down under such a ruling. Current pro-life regulations in the Abortion Control Act, such as the 24-hour waiting period requirements, informed consent, and 24 week abortion limit would be in jeopardy of being repealed and ruled unconstitutional. The same is true with abortion clinic regulations put into place to protect women, passed into our law after the Kermit Gosnell “House of Horrors” scandal.

In addition to the lawsuit, the Abortion Industry is also trying the legislative route. House Bill 1888 would also create a constitutional amendment to enshrine abortion in Pennsylvania’s constitution and remove our current pro-life protections. 

The Lawsuit Status:

The Commonwealth Court ruled against the abortion industry in the Allegheny Reproductive v. Pennsylvania case on March 26, 2021. But the abortion industry appealed to the PA Supreme Court, and court watchers believe it’s likely that our state’s high court will not only strike down the statutory law regarding Medicaid abortion funding, but also “find” a right to an abortion in our state constitution. This right—a right to abortion during all nine months of pregnancy—would make Roe v. Wade pale in comparison. Even if Roe v. Wade gets overturned at the national level, women’s health and preborn life would be less protected in Pennsylvania, and abortion would be paid for with your taxpayer money.


If the Abortion Industry gets their way, the PA Supreme Court ruling would force state taxpayer funding of abortions, strike down parental consent and 24 hour waiting period requirements, end health and safety regulations to protect women at abortion clinics, and worse. And any future legislation to protect women and babies would be found unconstitutional. Pennsylvania would join a list of states where lawsuits have already resulted in those state supreme courts “finding” a right to abortion in their constitutions, thereby striking down pro-life laws just like ours.  


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