Court Blocks Texas Law on Women’s Health – Abortion Debate Rages On

05/01/12

On Monday, U.S. District Judge Lee Yeakel ruled that a Texas law banning Planned Parenthood from receiving funds from the state's Women's Health Program was unconstitutional. The state has appealed immediately.


The court imposed a temporary injunction subject to completion of arguments before the court. However, the Texas Attorney General Greg Abbott has appealed the decision to the 5^th U.S. Circuit Court of Appeals. The future of the appeal against the temporary injunction is uncertain as the court is within full rights to pass such an injunction pending decision, and it is difficult to overturn such injunctions because they are ‘temporary' and based on prima facie evidence.

The law, passed last year by the Republican dominated Legislature prevents state agencies from funding organizations affiliated with abortion providers. Even before the law was passed, the law in the state required that organizations that received government funds have identities that were distinct and separate from abortion providers.

The eight clinics of Planned Parenthood which sued against the law do not provide abortions. However, the state holds that since in other clinics, Planned Parenthood does provide abortions, it disqualifies all clinics associated with Planned Parenthood from receiving state funds.

The court accepted prima facie, the argument of Planned Parenthood that denial of state funds to the affected clinics would leave women without access to basic health services and check-ups.

Judge Yeakel wrote in his decision, “The court is particularly influenced by the potential for immediate loss of access to necessary medical services by several thousand Texas women … The record before the court at this juncture reflects uncertainty as to the continued viability of the Texas Women's Health Program.”

Upon the submission of the state that if Planned Parenthood is even considered for state funds, then the state would close down the program that serves basic health care and contraception to 130,000 women, the court observed that it was a risk.
Judge Yeakel wrote, “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.”

Patricio Gonzales, CEO of Planned Parenthood Association of Hidalgo County told the media, “No woman should ever have to fear of being cut off from her doctor's care because of shortsighted political games.”