Late Monday, Judge Jerry Smith of
the 5th US Circuit Court of Appeals ruled in favor of Texas’ plan to bar
Planned Parenthood clinics from receiving funds through the state’s health
program for low-income women.
Under new rules, effective Tuesday,
the Texas Women’s Health Program will no longer fund participating clinics
“affiliated” with abortion providers, a move that excludes all Planned Parenthood
clinics. TWHP, supported primarily by federal funds, provides uninsured female
residents with birth control, STD testing, and breast and cervical cancer
screenings, among other services.
In April, Planned Parenthood clinics
that do not provide abortion services filed suit, arguing the rules are
unconstitutional. Without the TWHP funding, these clinics may have to close or
lay off staff, according to the suit.
US District Judge Lee Yeakel on
Monday agreed, ruling that cutting off the funding would violate the clinics’
constitutional right to associate with abortion providers. But in an appeal,
Texas argued it can “exclude organizations who seek to advance agendas contrary
to the values that the state and its legislature seek to promote in this
program.” Smith granted this request for a stay.
Planned Parenthood said it will
appeal Smith’s order. “Almost half of women who participate in this health
program do so through Planned Parenthood,” said Sarah Wheat, co-CEO of Planned
Parenthood of the Texas Capital Region. “[TWHP] provides lifesaving screening
to women who otherwise wouldn’t have these services.”
Due to the restriction, the Obama
administration previously had announced it will no longer fund TWHP. In
response, Gov. Rick Perry said the state can pay for the program itself.
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