(Updates with legislative history in second paragraph.)
Oct. 21 (Bloomberg) -- Kansas is appealing a U.S. judge’s decision to restore funding to a Dodge City family-planning clinic he ruled is being irreparably harmed by a state law.
The state is challenging U.S. District Judge J. Thomas Marten’s Oct. 18 decision to grant a preliminary injunction to the clinic, which he said isn’t an abortion provider and has stayed open only because its staff was willing to work without pay.
Governor Sam Brownback in May signed into law a provision restricting eligibility for federal Title X family-planning funding for cancer screenings, breast exams, birth control and family planning for the indigent, limiting the money to hospitals, county health departments and federally qualified health centers.
The law’s constitutionality was challenged by Planned Parenthood of Kansas and Mid-Missouri in a lawsuit filed at the U.S. courthouse in Kansas City, Kansas, on June 27. The Dodge City Family Planning Clinic Inc. intervened in the case on Oct. 11.
“DCFP and Planned Parenthood of Kansas and Mid-Missouri are the only two institutions denied funding by the law, which was designed to target abortion providers,” the American Civil Liberties Union said in an Oct. 18 statement issued after Marten’s ruling.
The Dodge City clinic relied upon Title X for about 40 percent of its funding, according to the ACLU.
The group, which is representing both plaintiffs, won an Aug. 1 ruling on behalf of Planned Parenthood blocking the law, which took effect on July 1. The state has appealed that decision as well.
The case is Planned Parenthood of Kansas and Mid-Missouri v. Moser, 11cv2357, U.S. District Court, District of Kansas (Kansas City).
--Editors: Andrew Dunn, Glenn Holdcraft
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