Suit to block stem-cell fund dismissed

ALBANY -- New York's highest court Tuesday threw out an attempt by an organization trying to block women from donating eggs to a state-funded stem-cell research fund.

The group, Feminists Choosing Life, had sued to try to annul legislation creating the Empire State Stem Cell Fund and its board. The Rochester-based group claimed, among other things, that it's an illegal use of taxpayers' money for the fund to compensate women for donating their eggs.

The group also claimed that the fund violated the state's ban on research involving human cloning.

Lower courts had ruled against Feminists Choosing Life, which then asked the Court of Appeals, the state's highest court, to hear its case.

The court declined, ending the lawsuit.

Attorney General Eric Schneiderman, whose office fought the lawsuit, applauded the outcome.

"We are pleased that the court has assured that the Empire State Stem Cell board can continue to fund researchers working to advance stem-cell research," Schneiderman said.

"Obviously, we think it's an unfortunate decision for women," countered Kelly Vincent-Brunacini, executive director of Feminists Choosing Life.

The research fund and its board were created in 2007 by the State Legislature and Gov. Eliot Spitzer. In 2009, lawmakers gave the board authorization to compensate women for egg donations.

The anti-abortion group filed suit, joined by the New York State Catholic Conference. The latter filed a brief in the case, focusing primarily on the compensation issue.

"We believe it's unethical," said Kathleen Gallagher, a Catholic Conference spokeswoman. "Especially in this economic climate, it's undue inducement for low-income women and college women who might be struggling."

Vincent-Brunacini said the fund is authorized to pay donors up to $10,000 per successful donation.

The next step, they agreed, is legislative action.

The Catholic Conference has drafted a proposed bill that would outlaw compensation for egg donors and is looking for lawmakers to sponsor it. "We definitely will not let this go by without trying to raise awareness," Vincent-Brunacini said.