20 U.S.C. § 1688
Neutrality with respect to abortion
Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 2016–2024 · leading case: Franciscan Alliance, Inc. v. Burwell
Franciscan Alliance, Inc. v. Burwell (2016)
“” 20 U.S.C. § 1688 (the “abortion exemption”).”
Board of Education v. United States Department of Education (2016)
“” 20 U.S.C. § 1688 . Section 1682, in turn, authorizes the agency to effectuate compliance with the anti-discrimination provisions of the statute by initiating termination proceedings against funding recipients.”
North Dakota, State of v. Burwell (2021)
“” 20 U.S.C. § 1688 . For enforcement, Section 1557 (by way of Title IX) greenlights administrative agencies to revoke federal funding for an offending health program or activity.”
State of Texas v. The United States of America (2024)
“20 U.S.C. § 1688 . The Department regulations implemented in 1975 prohibit discrimination on the basis of “termination of pregnancy.”
Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY) v. United States Department of Health and Human (2021)
“See 20 U.S.C. § 1688 (Title IX’s abortion exemption).”
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