Federal Court Dismisses Attempt to Revive Guam Abortion Ban
HAGÃ…TÑA, Guam — The Ninth Circuit Court of Appeals issued an order today dismissing a request from Guam Attorney General Douglas Moylan to continue his case seeking to lift a permanent injunction against a 1990 total abortion ban. The Ninth Circuit held the case was now moot in light of a decision by the Guam Supreme Court that the ban has been legislatively repealed. The ban had previously been permanently in a lawsuit filed by the ºìÐÓÊÓÆµ and Anita Arriola shortly after it was passed 30 years ago.
Attorney General Moylan’s separate request that the U.S. Supreme Court review the Guam Supreme Court decision that the ban had since been repealed was denied in October.
Statement from Meagan Burrows, senior staff attorney at the ºìÐÓÊÓÆµ Reproductive Freedom Project:
“The court correctly reached the only possible outcome in this case–total dismissal. Attorney General Moylan has been so desperate to ban abortion in Guam that he was attempting to enforce a law that no longer exists. This political stunt should finally be over. However, while people in Guam can now continue to get abortion care in their own community, there is still more work to do to ensure that everyone on the island can access abortion free from medically unnecessary barriers.â€
Statement from Anita Arriola, Guam-based attorney:
“Attorney General Douglas Moylan’s egregious pursuit to revive a decades-old law is deeply out of step with the will of the people of Guam. Rather than use our resources to push forward a political agenda, our leaders should instead advance policies that aim to better the lives of our island’s residents. Everyone deserves access to the health care options they need.â€
Statement from Stephanie Lorenzo, co-founder and executive director of Famalao’an Rights:
“Every person in Guam deserves access to the reproductive health care options they need. It is crucial that the right to obtain abortion care remains protected on our island. Rather than repeating the mistakes of the past, we should be working to lift those remaining barriers that make it difficult for people in Guam to get the care they need.â€
After the last provider of abortion care on the island retired in 2018, abortion was unavailable in Guam until 2021, when a lawsuit brought by the ºìÐÓÊÓÆµ established access to medication abortion by telemedicine. Still, legal barriers remain in place that make in Guam more difficult, including a requirement that all patients make a burdensome, medically unnecessary before they can access care through telehealth services.
An overview of the case can be found here.