Humboldt County Superior Court Judge Timothy Canning has rejected Providence St. Joseph Hospital’s request to dismiss a landmark lawsuit brought by the California Attorney General’s Office alleging it violated state law when it refused to provide a medically necessary abortion in February 2024, putting the mother’s life at risk. Attorneys representing the hospital filed for a demurrer in December, asking the case be dismissed, or at least delayed, and arguing that state law requires the California Department of Public Health to review alleged violations of the state’s Emergency Services Law and that requiring religious hospitals to provide abortion services when there is a detectable fetal heartbeat would amount to a violation of its religious protections under the First Amendment. In a ruling filed Monday, Canning rejects those arguments — as well as several others put forward by Providence — allowing the case to proceed. A press release from the Attorney General’s Office quickly followed, praising Canning’s decision. “There was no legal basis to dismiss our lawsuit against Providence, and we are grateful that the court agreed with us on every ground,” Attorney General Rob Bonta said in the release. “California is committed to protecting reproductive rights and let me be clear: That includes emergency abortion care. … Denying emergency abortion care to pregnant patients who need it is both traumatic and unlawful under multiple laws. My team and I look forward to seeing this case through and holding Providence accountable.” In a statement, Providence St. Joseph Hospital reiterated its pledged commitment to provide “high quality, compassionate care.” “We strongly disagree with the California Attorney General’s allegations against Providence St. Joseph Hospital Eureka,” the statement says, noting that Canning’s ruling simply allows the case to continue and that the hospital has not been found liable for any of the lawsuit’s allegations. “We are deeply committed to delivering care in accordance with federal and state law. This includes providing life-saving medical interventions that may indirectly result in fetal death.” The statement goes on to assert that Providence St. Joseph Hospital has been “transparent” as a Catholic organization that it does not perform “elective abortions,” but says its care teems due “provide medically necessary interventions” to protect patients facing “serious life-threatening conditions” in emergency situations. Filed in September, the AG’s lawsuit alleges the hospital violated state law requiring hospital emergency rooms to provide care to prevent not only maternal death but also “serious injury or illness” when…
Judge Allows St. Joseph Abortion Case to Proceed
