SALT LAKE CITY, Utah, Dec. 30, 2015 (Gephardt Daily) — The United States Court of Appeals for the Tenth Circuit granted an injunction Wednesday that will keep Utah Gov. Gary Herbert from cutting federal funds previously awarded to Planned Parenthood Association of Utah, at least until the appeals process is completed.
The injunction was granted just two days after Planned Parenthood filed an appeal to the Tenth Circuit Court in Denver.
“We are thrilled with today’s decision, which will allow our trusted health care providers and educators to continue serving the thousands of Utahns who depend on us as the appeals process proceeds,” Galloway said in a written statement.
“We will continue to stand up for the health and rights of thousands of Utahns who rely on Planned Parenthood for affordable health care and education.”
Wednesday’s decision is the latest in an ongoing funding battle between Herbert and Planned Parenthood Association of Utah (PPAU).
In August of this year, Herbert announced his decision to block the $275,000 in federal funds to the Utah Department of Health which the state had contracted to forward to Planned Parenthood. Herbert said he would directed the funds to other non-profits providing health services. PPAU’s total annual budget is $8 million.
Herbert said, in a prepared statement, that his decision to block funding was, in part, a reaction to video recordings that linked Planned Parenthood to for-profit fetal tissue sales. The videos were produced by the Center for Medical Progress, a California-based anti-abortion group.
Planned Parenthood representatives on the national level have said the tapes were edited to be misleading, and the organization did not profit on fetal tissue sales, but did charge to cover the costs of the tissue transfer.
In September, Planned Parenthood of Utah filed an appeal attempting to block Herbert’s attempt to cut off the funds, arguing that his August order to withhold funds violated the organization’s rights to free speech, equal protection, and due process.
Karrie Galloway, Planned Parenthood of Utah president and CEO, said that funding received through the state of Utah have never been used to fund abortions, but was used to fund other services. Utah also has never sold fetal tissue, she said, adding that Utah also does not process fetal tissue that patients ask to have donated for medical research.
On Dec. 22 in Salt Lake City, Federal Judge Clark Waddoups made a decision on Planned Parenthood’s lawsuit, ruling that Herbert and the state of Utah had the right to withhold the federal money.
On Dec. 28, Planned Parenthood filed the appeal that resulted in the injunction, announced Wednesday in Denver.
The last paragraph of the injunction stated, “PPAU’s motion is granted. The appeal will be expedited, and the parties will be advised of the briefing schedule by separate order.”
