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Appeals Court Rules Kansas Can Strip Planned Parenthood of Title X Funds

John UpChurch

The Tenth Circuit Court of Appeals ruled that the state of Kansas has the right to strip Planned Parenthood of Title X funding. In a 2-to-1 ruling, the court struck down the organization’s claim that Kansas had acted against its free speech and free association rights.

Title X, established by the United States Congress in 1970, provided funding for “voluntary family planning services.” In 2011, a law passed by the state legislature of Kansas and Governor Sam Brownback required Title X funds go first to public heath departments and hospitals. Planned Parenthood filed suit, claiming the law targeted them, and won an injunction.

But the Tenth Circuit Court of Appeals ruled that Planned Parenthood had no grounds and lifted the injunction [PDF]:

“As to the First Amendment claim, we hold that Planned Parenthood cannot establish a likelihood of success because the legislation does not restrict the rights of speech or association of subgrantees and the motives of individual lawmakers are irrelevant.”

Although no new lawsuits have been filed as of press time, the case will likely return to lower courts and face additional appeals.

*Published 3/27/14