The U.S. Department of Veterans Affairs rule that requires its facilities to offer abortion counseling and procedures is being challenged in court by health professionals who said it violates their religious liberties.
A Temple, Texas, VA facility was hit with a lawsuit Tuesday by Stephanie Carter, an Army veteran and nurse who is seeking an injunction to block the VA from compelling her and other colleagues to participate in providing any and all abortion-related services.
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Carter’s lawsuit was filed after she requested a religious accommodation from participating in abortions, to which VA officials told her that there is not a process for such accommodations, the suit alleges.
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The complaint states that the VA’s rule disallowing accommodations is a violation of the Religious Freedom Restoration Act.
“The Rule’s application to Ms. Carter and enforcement at the Temple VA facility has deprived and continues to deprive Ms. Carter of her paramount rights and guarantees under the United States Constitution and RFRA,” attorneys for First Liberty Institute, the group representing Carter, wrote in a 29-page filing.
Shortly after the Supreme Court issued its June 24 Dobbs v. Jackson Women’s Health Organization decision, which allowed states to impose laws severely limiting or restricting abortion access, the VA introduced an interim rule to allow elective abortions at VA medical facilities immediately.
Under the rule, pregnant veterans and some direct family members can get abortions at VA health facilities if carrying a pregnancy to term threatens the patient’s health or life. The rule also applies if pregnancy is a result of rape or incest.
However, First Liberty argues the new VA rule, titled “Reproductive Health Services,” violates congressional prohibitions on abortion procedures at VA clinics, citing Section 106(a) of the Veterans Health Care Act, a point that was previously raised by Sen. James Lankford (R-OK) in August.
Additionally, Carter fears she might face risks of criminal prosecution if forced to provide abortion-related services because abortion is illegal in Texas except in some limited circumstances, according to the complaint.
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Still, the VA has said treatment can be provided even in states where the procedure is more restrictive.
Carter’s complaint is asking for the rule to be invalidated as it applies to her and asks to enjoin the VA from enforcing rules against her at the Temple facility.

