Associated Press
AUSTIN, Texasâ€"A federal judge on Monday stopped Texas from preventing a health organization affiliated with abortion providers from receiving state funds. The state immediately appealed.
U.S. District Judge Lee Yeakel in Austin ruled there is sufficient evidence that a law banning Planned Parenthood from the state's Women's Health Program is unconstitutional. He imposed an injunction against enforcing it until he can hear full arguments. Texas Attorney General Greg Abbott appealed Judge Yeakel's decision to the 5th U.S. Circuit Court of Appeals, asking that it remove the injunction.
The law passed last year by the Republican-controlled Legislature forbids state agencies from providing funds to an organization affiliated with abortion providers. Eight Planned Parenthood clinics that don't provide abortions sued the state. The clinics say the law unconstitutionally restricts their freedom of speech and association.
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 and check-ups.
"The court is particularly influenced by the potential for immediate loss of access to necessary medical services by several thousand Texas women," Judge 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. Judge 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 wouldn't otherwise qualify for Medicaid, the federal and state program that insures low-income and disabled people. It supplies cancer screenings, annual exams, and access to birth control.
Stephanie Goodman, spokeswoman for the state Department of Health and Human Services, said the agency will seek guidance from the Texas attorney general on next steps.
"We received the judge's order and will comply with the ruling, but we remain confident that federal law gives states the right to establish criteria for Medicaid providers," she said.
Patricio Gonzales, CEO of Planned Parenthood Association of Hidalgo County, called on Republican Gov. Rick Perry to stop trying to shut down Planned Parenthood in Texas.
"We call on Governor Perry and the state to put Texan women first and set aside any vendetta they may have against Planned Parenthood," Ms. Gonzales said. "No woman should ever have to fear being cut off from her doctor's care because of shortsighted political games."
The court's decision comes after the federal government cut off funding to Texas because of the state requirement. Federal officials said the rule violates federal law by restricting women from choosing the qualified medical provider of their choice.
Mr. Perry promised to make up for the lost federal funds. State health officials say maintaining the program was cheaper than allowing it to expire, because ending the program would result in a spike in unplanned pregnancies among poor women who rely on Medicaid, which is also funded by the state.
Judge Yeakel's decision is temporary. A final decision will come after he presides over a full trial. Whatever decision he reaches will likely be appealed.
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