Major Pro-Life Victory! Judge Allows Texas to Defund Planned Parenthood

Commentary by Susan Brinkmann, OCDS

In a major victory for pro-life forces in Texas, a federal court has ruled that the state can ban funding for Planned Parenthood affiliates who participate in the state's health program for low-income women because it provides abortions.

LifeNews is reporting that the ruling, issued by the 5th Circuit Court of Appeals earlier this week, vacated an injunction on the ban and opens the way for Texas to sever the flow of taxpayer money to the nation's largest abortion provider.

The ruling ends a long battle between the state, the federal government and Planned Parenthood over Texas' Women's Health Program (WHP) which provides about 130,000 low-income women with health screenings and family planning services. Since the program began in 2005, Planned Parenthood clinics have consumed 40 percent of the program's entire budget even though a rule banning abortion providers from receiving WHP funds has been in effect since the program's inception.

However, state lawmakers began to enforce the law in 2011, which prompted the Obama Administration to withdraw all federal support for the WHP in an effort to force the state to include Planned Parenthood in the program. State lawmakers refused to be bullied and insisted that they would pay for the WHP program themselves.

In the meantime, Planned Parenthood sued the state and convinced Judge Lee Yeakel to block the law from being enforced.

This only served to fuel the rhetoric from both sides. Last month, during a campaign stop in the state, President Obama reworked the issue to make it fit into the "war on women" message, telling the crowd that withdrawal of funds from 69 of the state's 4,000 women's health care providers somehow means that the state is trying to take away women's control over their bodies.

"We're not ending funding for Planned Parenthood. I think women should have control of their own health care choices, just like men," the president said. "We're not going backwards."

The latest decision by the Fifth Circuit appears to have settled the matter and Planned Parenthood will now cease to receive any taxpayer funds.

"Today's ruling affirms that Texas' Women's Health Program has no obligation to fund organizations that promote abortion -- including Planned Parenthood," said Texas Governor Rick Perry (R). "The 5th Circuit's decision is a win for Texas women, our rule of law and our state's priority to protect life."

Elizabeth Graham, Director of Texas Right to Life, told Life News she was thrilled with the court's decision because if affirmed the states' right to keep taxpayer dollars out of the abortion industry according to the wishes of their citizens.

"This debate is about true women’s health, and abortion is not health care," Graham said. "We should help low-income women, but funneling them to abortion clinics does not help. Instead, there are more than 4,000 legitimate healthcare agencies that provide a wide range of services that are not affiliated with abortion providers.”

In addition to these approximately 4,000 agencies, Governor Perry’s office has identified another 2,500 eligible providers with 4,600 locations across the state. Of that number, Planned Parenthood runs a mere 69 facilities.

“Planned Parenthood runs the largest chain of abortion facilities in our state, and they mix the Women’s Health Program and abortions under the same roof at many of those abortion facilities,” added Joe Pojman, Ph.D., executive director of Texas Alliance for Life.

“Of the some 2,500 Women’s Health Program Providers, 98 percent have nothing to do with Planned Parenthood and abortion. Planned Parenthood, which has no mammogram machines, provides shabby care for low-income women. Planned Parenthood is unable or unwilling to offer comprehensive primary and preventative care, which low-income women deserve. A woman will not see a doctor at Planned Parenthood unless she is there for an abortion. The state ordered Planned Parenthood San Antonio to return thousands of WHP funds in 2009 because Planned Parenthood had been illegally operating unlicensed abortion facilities at the same sites where they were providing WHP services.”

Meanwhile, the government is continuing its plans to punish the state's action. According to the Associated Press, the Centers for Medicare and Medicaid Services intend to pull funds from the state's WHP program after Nov. 1, claiming it violates federal rules. Until now, the government was paying about $35 million into the program with Texas supplying another $5 million.

However, Gov. Perry has already set aside $42 million for the program, which will fund it through the end of fiscal year 2013. Most of the money will come through cost cutting and stepping up efforts to recover Medicaid funds lost due to fraud or wasteful spending.

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