Supreme Court Finds Anti-Abortion Group Does Not Have Appropriate Standing to Bring Forward Challenge Against Mifepristone, Shutting Down Attempt to Further Restrict Abortion Access

by Aneesha Pappy

Reproductive Rights are LGBTQ+ Rights: According to a Guttmacher report, more than 1 in 6 (17.1%) abortion patients in the US identify as LGBTQ+.

By protecting access to Mifepristone and blocking further restrictions to abortion access across the country, the benefits of this decision will significantly impact the LGBTQ+ community.

WASHINGTON — Today, the Human Rights Campaign, the nation’s largest LGBTQ+ civil rights organization, responded to the Supreme Court’s final ruling on Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration (FDA)—a case brought by the certified anti-LGBTQ+ hate group, Alliance Defending Freedom (ADF). The lawsuit challenged FDA approval of the abortion medication, Mifepristone, including rules permitting patients to receive the medication through the mail and to take it through 10 weeks of pregnancy. This decision comes after an unprecedented Texas District Court ruling, under Trump-appointed judge Matthew Kacsmaryk, where the removal of Mifepristone from the market was ordered nationally. The Supreme Court later stayed that decision, allowing the abortion medication to remain available while they considered the case.

Today, the Supreme Court has determined that the Alliance for Hippocratic Medicine, an anti-abortion group, does not have appropriate standing to bring the case, shutting down their attempt to further restrict abortion access.

Human Rights Campaign President Kelley Robinson released the following statement:

“While it’s good news that access to Mifepristone will not be further restricted, this case should have never been under consideration in the first place. Mifepristone is safe, effective and has been used by more than five million people in the United States for abortion and miscarriage care since the FDA approved it more than 20 years ago. Ignoring this reality, the anti-LGBTQ+ hate group that filed this litigation continued their attacks on bodily autonomy by pushing their dangerously discriminatory beliefs all the way to the Supreme Court. Today, these anti-equality efforts were blocked, but our fight for reproductive justice is far from finished. Our work won’t stop until there is freedom and liberation for everyone.”

ADF’s legal history includes many anti-abortion, anti-LGBTQ+ efforts including bringing the Dobbs v. Jackson Women’s Health Organization case which overturned Roe v. Wade. ADF also brought the 303 Creative v. Elenis case, which resulted in a Supreme Court ruling that allows select business owners to discriminate against same-sex couples when providing unique, customized goods and services. ADF is one of the leading groups pushing anti-LGBTQ legislation in the states.

Studies have found that medication abortion accounts for more than half of abortions in the U.S. In 2023, the Guttmacher Institute released a report analyzing data from the 2021-22 Abortion Patient Survey, finding that more than 1 in 6 (17.1%) abortion patients in the US identify as LGBTQ+.

HRC released a fact sheet that highlights the importance of reproductive freedom for members of the LGBTQ+ community, including lesbian, gay, bisexual and queer cisgender women, and transgender men and non-binary people assigned female at birth. The data shows that LGBTQ+ women who have been pregnant are more likely to have had unwanted or mistimed pregnancies than heterosexual women and are more likely to need abortion services as well. Specifically, the report found Lesbian (22.8%) and bisexual (27.2%) women who have been pregnant are more likely than heterosexual women (15.4%) who have been pregnant to have had an abortion according to an analysis of the 2017-2019 National Survey for Family Growth (NSFG) conducted by the Human Rights Campaign Foundation.

The Human Rights Campaign is America’s largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

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