U.S. District Judge Lee Yeakel in Austin ruled there is sufficient evidence that a law banning Planned Parenthood from the program is unconstitutional. He imposed an injunction against enforcing it until he can hear full arguments. Texas Attorney General Greg Abbott appealed Yeakel’s decision to the 5th U.S. Circuit Court of Appeals, asking that it remove
The law passed last year by the Republican-controlled Legislature forbids state agencies from providing funds to an organization affiliated with abortion providers. Texas law already required that groups receiving federal or state funding be legally and financially separate from clinics that perform abortions.
Eight Planned Parenthood clinics that do not provide abortions sued over the new law. The clinics say it unconstitutionally restricts their freedom of speech and association to qualify to take part in state health programs.
The judge accepted Planned Parenthood’s argument that banning the organization from the program would leave women without access to clinics for basic health services.
“The court is particularly influenced by the potential for immediate loss of access to necessary medical services by several thousand Texas women,” Yeakel wrote in his ruling. “The record before the court at this juncture reflects uncertainty as to the continued viability of the Texas Women’s Health Program.”
Texas officials have said that if the state is forced to include Planned Parenthood, they will likely shut down the program that serves basic health care and contraception to 130,000 poor women. Yeakel acknowledged that was a risk.
“The court observes that if the federal funds are phased out, Texas does not provide another source of funds, and the Women’s Health Program terminates, the controversy now before the court may be of no consequence,” he wrote.
The Women’s Health Program was established to provide care for poor women who would not otherwise qualify for Medicaid. It supplies cancer screenings, annual exams, and access to birth control.
Xelena Gonzalez of San Antonio said she received abnormal test results and needed a follow-up appointment just before the state law took effect in March, and her area Planned Parenthood clinic lost funding. She said she couldn’t afford the lab fees and other costs of going to another provider. She said she is thrilled she can return to Planned Parenthood to follow up.
“It’s a tremendous relief that someone is looking out for women,” Gonzalez said Monday, referring to the judge’s decision. “It makes me upset that these are men, for the most part, who are making decisions affecting our reproductive health and that they would try to shame us.”
Catherine Frazier, spokeswoman for Gov. Rick Perry, said the state will pursue all legal options to keep the law.
“Texas has a long history of protecting life, and we are confident in Attorney General Abbott’s appeal to defend the will of Texans and our state law, which prohibits taxpayer funds from supporting abortion providers and affiliates in the Women’s Health Program,” Frazier said.
Patricio Gonzales, CEO of Planned Parenthood Association of Hidalgo County, called on the Republican governor to stop trying to shut down Planned Parenthood in Texas.
“No woman should ever have to fear being cut off from her doctor’s care because of shortsighted political games,” Gonzales said.
Printed on Tuesday, May 1, 2012 as: Planned Parenthood wins funding court case in Texas