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 All., Inc. v. Burwell, 227 F. Supp. 3d 660 (N.D. Tex. 2016).
Franciscan All., Inc. v. Burwell, 227 F. Supp. 3d 660 (N.D. Tex. 2016). “” 20 U.S.C. § 1688 (the “abortion exemption”).”
Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 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 (D.N.D. 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 Am. (N.D. Tex. 2024). “20 U.S.C. § 1688 . The Department regulations implemented in 1975 prohibit discrimination on the basis of “termination of pregnancy.”
Boston All. of Gay, Lesbian, Bisexual & Transgender Youth (BAGLY) v. United States Dep't of Health & Human Servs. (D. Mass. 2021). “See 20 U.S.C. § 1688 (Title IX’s abortion exemption).”
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