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Notices to Women Regarding Access to Family Planning Services Must Be Allowed, State Argues

Yesterday the Department of the Attorney General filed a memorandum opposing an attempt by certain religiously-affiliated organizations to prevent a new law concerning women’s access to information regarding reproductive health services from being enforced. The law, Senate Bill 501 (2017), was passed by the Hawaii state legislature on May 4, 2017, and signed into law as Act 200 on July 12, 2017. It requires limited service pregnancy centers to notify women in writing regarding the availability of state-funded reproductive health services.

The Department’s memo argues that the Ninth Circuit Court of Appeals, the federal appeals court with jurisdiction over several Western states including Hawaii, already upheld a similar law passed by California in 2015.
The opposition memo states in part:

The Legislature has found that “[m]any women in Hawaii … remain unaware of the public programs available to provide them with contraception, health education and counseling, family planning, prenatal care, pregnancy-related, and birth-related services.” To address this concern, [Act 200] was enacted into law. It requires “limited service pregnancy centers,” as defined in the Act, to disseminate a written notice to clients or patients informing them that Hawaii has public programs that provide immediate free or low-cost access to comprehensive family planning services.

A similar filing was made in a related case yesterday as well.