Planned Parenthood in Utah pushes back on defunding ruling

SALT LAKE CITY (AP) — The Utah branch of Planned Parenthood says a federal judge abused his discretion when he allowed the governor to cut off funding to the organization after the release of secretly recorded videos showing out-of-state employees discussing fetal tissue from abortions.

The organization argued in a court filing Tuesday that U.S. District Judge Clark Waddoups ignored evidence that Planned Parenthood did nothing wrong, and that blocking money for STD and sex education programs would leave thousands of people at risk.

"The public has no interest in allowing the governor to violate citizens' constitutional rights," attorneys wrote in the appeal filed to the 10th Circuit Court of Appeals in Denver. The court has issued an emergency order keeping the federal money flowing and Planned Parenthood wants to extend it. The appeals court is set to hear arguments in March.

In his December ruling, Waddoups acknowledged the Utah organization hasn't done anything wrong but said it has associated with other Planned Parenthood entities accused of illegally selling fetal tissue to researchers for profit. He decided Republican Gov. Gary Herbert has an interest in avoiding the perception of corruption.

Planned Parenthood says the videos were deceptively edited, and multiple investigations by Congress and several states have cleared the group of doing anything illegal.

On Monday, a Texas grand jury also cleared Planned Parenthood and instead indicted two of the activists that made the undercover videos. They are accused of using fake driver's licenses to infiltrate the nation's largest abortion provider, and one also faces a misdemeanor count related to purchasing human organs. His lawyer says he plans to plead not guilty.

The footage sparked uproar among Republican leaders around the country. Several states have moved to strip Planned Parenthood of contracts and federal money.

Planned Parenthood has sued in states such as Arkansas, Alabama and Louisiana. Most court decisions have allowed money to keep flowing, unlike the ruling in Utah.

The Planned Parenthood Association of Utah says it has never participated in fetal donation programs. Its lawyers contend Herbert decided to end $275,000 in contracts as a political move aimed at appealing to people who oppose abortion.

Herbert has said he was offended by the callousness of the discussion shown on the videos.

Planned Parenthood sued in September, after he ordered state agencies to stop passing along federal money. State officials tried to work around the order, citing concerns about defunding the STD and sex education programs that serve teenagers and low-income people, according to emails sent in the weeks before and after Herbert moved to block the money.

The blocked federal funding is a small portion of the local organization's $8 million budget. It also receives money through federal contracts, fees from clients, insurance and contributions.

By Lindsay Whitehurst, AP. Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The Gayly - 1/28/2016 @ 2:10 p.m. CST