A law enacted in Kansas in 2011, effectively forbidding any taxpayer funding of organizations that provide abortions, was immediately halted by a federal district judge, but yesterday, the U.S. Court of Appeals Tenth Circuit lifted that injunction. The legal battle over the law will continue, but in the meantime, the annual flow of more than $330,000 of state tax dollars to Planned Parenthood has ended.
For background, read Kansas Restricts Abortion, Defunds Planned Parenthood and also read Planned Parenthood Defunded by More States as well as Pro-life Laws Sweeping States (including Kansas)
In addition, read Atheists Condemn Kansas Governor for Acting Christian
-- From "Kansas can strip Planned Parenthood funding, appeals court rules" by Roxana Hegeman, The Associated Press 3/25/14
At issue in Tuesday’s ruling is money distributed to states under Title X, a federally financed family planning program. A Kansas law requires the state to first allocate the Title X money to public health departments and hospitals, which leaves no funds for specialty family planning clinics like Planned Parenthood.
[The court rejected] Planned Parenthood’s claims that losing the money amounted to a violation of free-speech rights for associating with abortion providers.
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From "Kansas can pull Planned Parenthood funding -U.S. appeals court" posted at Reuters 3/25/14
"Planned Parenthood's theory raises the prospect of every loser in a political battle claiming that enactment of legislation it opposed was motivated by hostility toward the loser's speech," Judge Harris Hartz wrote.
The ruling overturned a Kansas federal judge's preliminary injunction that stopped the state from eliminating the federal funding to family planning clinics Planned Parenthood of Kansas and Mid-Missouri operates in Wichita and Hays.
The Kansas law limits the entities that can receive funding the state allocates out of federal government subsidies it receives for family planning services to low-income residents.
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From "Ruling: Kansas can strip Planned Parenthood funds" by Roxana Hegeman, Associated Press 3/25/14
U.S. District Court J. Thomas Marten blocked enforcement of the state law in 2011, ruling that it unconstitutionally was intended to punish Planned Parenthood for advocating for abortion rights and would likely be overturned. He ordered Kansas to continue funding Planned Parenthood until the case was resolved. He also found the state law violates the U.S. Constitution's supremacy clause, saying states cannot impose additional requirements for entities to qualify for federal programs.
A divided panel of the 10th U.S. Circuit Court of Appeals in Denver overturned Marten's rulings, saying Kansas can halt the funding. Tuesday's decision is not a final ruling on the merits of the case itself, and the appeals court sent the case back to the lower court for further proceedings. Given the split 2-1 ruling and the issues at stake in the litigation, it is also likely that the panel's decision could be appealed to the full court for a rehearing.
Kansas had argued Marten's ruling "emasculates the state of Kansas' autonomy and sovereignty rights" in the Constitution's 11th Amendment. The state contends the law restricting the distribution of federal family planning funds does not target Planned Parenthood because the statute itself does not name the group or even mention abortion.
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From "Kansas can strip Planned Parenthood of taxpayer funds, appeals court rules" by Ben Johnson, LifeSiteNews.com 3/25/14
Planned Parenthood had objected that its “feeder” offices in the cities of Wichita and Hays, they argued, only referred women for abortion.
“To say that the feeder clinics don’t have anything to do with abortions is an outrageous misrepresentation of the truth,” said Troy Newman, president of the Kansas-based Operation Rescue, when Planned Parenthood filed the lawsuit. “The Wichita and Hays clinics actually solicit abortion business for their Overland Park counterpart and serve as partners in the abortion business. Blocking funding to them is consistent with the federal law against spending tax money for abortions.”
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Also read President Obama Forces Indiana to Fund Planned Parenthood because the Left Fears a Take-down of Planned Parenthood
In addition, read Republican RINOs in Congress Fund Planned Parenthood as well as Illinois GOP Congressman Protects Tax-funding for Abortionists
