— U.S. Federal District Judge Nancy Gertner ruled that the Department of Defense violated Maureen Britell’s right to equal protection under the Constitution by denying health insurance coverage for abortion services in cases of lethal fetal anomaly.
"This decision recognizes the crucial role abortion has in women’s health," said Brigitte Amiri, a Staff Attorney for the Center for Reproductive Rights and lead counsel on the case. "Because of Maureen Britell’s courage, the United States government, and hopefully all 50 states, are now on notice that they cannot force women to carry pregnancies to term when the fetus has zero chances of surviving outside the womb due to fetal anomalies," added Amiri.
Judge Gertner issued a strongly worded opinion on May 29, in which she stated that by denying payment for Britell’s abortion, the Department of Defense had acted in a manner both "irrational and cruel." While the Department’s health insurance agency acknowledged that the Britell fetus had, "no forebrain or cranium, and no chance of survival outside the womb," it refused to fund Britell’s abortion of her anencephalic fetus. Gertner added,"Through the funding power the government seeks to encourage Britell and women similarly situated to suffer by carrying their anencephalic fetuses until they are born to a certain death. This rationale is no rationale at all. It is irrational, and worse yet, it is cruel."
This victory compels the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to cover expenses associated with Britell's procedure at the New England Medical Center, an estimated $4,000. The lawsuit was filed in June 1999 and arguments before Judge Gertner occurred in September 2000.
"We are grateful that the court acknowledges the harmful effect of these abortion restrictions, and one can only hope that the current administration respects Judge Gertner’s ruling and allows women’s health to take precedence over anti-choice agendas," said Maureen Britell. "This victory comes at a time in our country’s history when military personnel and their families should be honored for their sacrifices, not penalized with substandard health care," added Britell.
In February 1994, Andrew Britell was on active duty as a Captain in the Air National Guard. Maureen, his wife, who was covered under CHAMPUS was approximately 20 weeks pregnant when her doctor diagnosed the fetus as anencephalic, a severe anomaly that is always fatal. After Britell made the difficult decision to terminate the pregnancy, CHAMPUS refused to cover the procedure. Ms. Britell is currently the Executive Director of Voters for Choice.
In the case Britell v. United States of America, Maureen Britell is represented by Simon Heller and Brigitte Amiri of the Center for Reproductive Rights, along with cooperating attorney John Henn of the Boston firm Foley, Hoag & Eliot.
