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Posts Tagged ‘KS Rep. Lance Kinzer’

Kansas wants PP defundedOn May 9th, Planned Parenthood of Kansas & Mid-Missouri (PPKMM) withdrew its litigation against the state of Kansas, challenging the state’s decision to send federal family planning funds to public full-service clinics.

This lawsuit was originally filed in June 2011 by PPKMM and landed in the court of U.S. District Judge Thomas Marten. It targeted a budget mandate that directs the state health department to award Federal Title X family planning contracts primarily to full service public health clinics. In this way, tax money subsidizes full-service healthcare for the indigent.

PPKMM won the first round in October 2011, but lost in the Tenth Circuit Court of Appeals this March. The appeals panel ruled that Planned Parenthood lacked standing to pursue its claims in federal court, and that its

claim of a First Amendment violation lacked merit– about as resounding a defeat as you could get.

The defense team for the Kansas Attorney General, Derek Schmidt, argued Kansas had merely prioritized Title X recipients to be full-service in order to best effectuate the HHS Notice of Grant Award to Kansas. That itemized the priorities of Title X beyond family planning to include “overall health,” flu vaccinations, and mental health and social services.  PPKMM doesn’t offer those services.

Kansas has approximately 80 public health clinics as well as many other full service health outlets that can provide the elementary examinations, contraceptives and disease testing typically reimbursed under Title X.

Since 2009, the Kansas legislature has annually approved this prioritization of public clinics—the Kinzer/ Huelskamp amendment drafted by KFL; it had been vetoed by Governors Sebelius and Parkinson but approved in every budget under current Gov. Sam Brownback.

The Kansas budget provision on Title X does not mention abortion. Nonetheless, PPKMM objected that KDHE (the state health department) could not exclude abortion-connected clinics from Title X grants.

Marten bought into this abortion-bias argument and erroneously forced KDHE to direct approximately one million dollars over the past three years, mainly to Planned Parenthood of Kansas & Mid-Missouri. A small portion of that funding went to the now-defunct Dodge City Family Planning Clinic, which Marten had added to the initial complainants.

Kansas has again successfully defeated litigation from abortion interests—our second win, with 2 laws still under challenge.

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Gov. Brownback

Pro-life Kansas physicians and pharmacists will have less reason to fear retaliatory discharge due to the Healthcare Rights of Conscience Act signed into law by Gov. Sam Brownback late Friday. State Rep. Lance Kinzer (R-Olathe), chair of the House Judiciary committee, was the bill’s author and Sen. Garrett Love (R-Montezuma) was chief sponsor in the Senate.

Seven other states have similar conscience-protecting laws. Courts have consistently ruled that the so-called right to an abortion does not require that all medical professionals be forced to perform them.

Under the Healthcare Rights of Conscience Act, professionals will also not be forced to refer for abortions. The law also expands conscience protection to apply to all medical facilities, not just hospitals.

Kansans for Life targeted passage of the bill as a top priority especially since the current federal climate is showing increased hostility to religious liberty and is pushing healthcare to include abortion without exclusions.

Kansas law first extended the right to refuse to perform or participate in abortion in 1969, long before abortion-causing drugs were mainstream. Rep. Kinzer said the new law was intended to cover the abortion drug RU-486.

But adding to the moral confusion– especially for pharmacists– is the fact that drugs labeled contraceptive, like “Ella”  are more chemically identical to drugs specifically designed to induce abortion. Testimony supplied to the House Judiciary committee relayed that labels for oral contraceptives all include warning of a “post-fertilization” abortifacient effect.

This is why the bill’s language covers drugs and devices “reasonably believed” by the professional to  cause abortion. Rep. Kinzer  explained,   “If someone were fired or sued for refusing to provide a drug, he said, he or she could then litigate whether there was a basis for believing the drug would cause an abortion.”

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Judge Marten

Judge Marten, upholds clinics, not state law

Today, federal Judge Thomas Marten unsurprisingly acquiesced to ACLU’s petition that the Dodge City Family Planning (DCFP) clinic join the Planned Parenthood lawsuit over Title X money distributed by the Kansas state health department.

The clinic wants immediate reinstatement of their prior Title X state contract for nearly $40,000 (plus attorney fees), and wants the state proviso declared void as violating the Supremacy Clause.

Marten has already awarded $58,000 to Planned Parenthood without a state contract and the state is appealing his rulings to the Tenth Circuit Court of Appeals.

Marten’s ruling today bristled at the state’s allegation that DCFP was ‘judge-shopping’, that is, piggy-backing onto a case where the judge is already favorably directing funding to clinics.

There’s no question this is an activist judge of whom the State legal team accuses of “emasculating” state sovereignty and repeatedly ruling in error about the legitimacy of the state funding proviso.

Marten defended the addition of the financially-failing DCFP clinic because “it was stripped of Title X funding essentially as collateral of the Kinzer Amendment’s redefinition of eligibility standards.…[and] asserts a Supremacy Clause claim similar to that advanced by plaintiff Planned Parenthood.” (more…)

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We counted 38 (both presenters & attendees) at today's PP rally/march in Topeka

Planned Parenthood rallied their troops today in Topeka to fight state and federal defunding bans.  But even the 72-degree temperature couldn’t lure more than 38 people, including abortion industry lobbyists.

The desperation is palpable.  Unitarian minister Tom Belote warned the group that women will die of cancer if Planned Parenthood loses tax money.

That was an obvious reference to breast cancer, since the group waved pink signs, referencing the pink-ribbon Komen anti-breast cancer campaign.  However Planned Parenthood does NOT provide mammograms at ANY facility.

There are 1,200 Federally Qualified Health Centers that provide the same care PP does – plus mammograms – along with providing other health care services for the entire family.  These are the kinds of legitimate community health clinics in Kansas that legislators want to fund, especially in these tough economic times.

On Feb. 8, Rep. Lance Kinzer (R-Olathe) offered such a ‘defund Planned Parenthood’ amendment to the current 2010/11 budget and it passed the House 91-26. Gov. Brownback’s proposed budget also defunds Planned Parenthood, which nationally made $1.2 billion in profits last year.

The Planned Parenthood national business report recently released shows the embattled agency did more abortions in 2009 than it has done in any prior year.  The 2009 figures show it provided fewer pregnant women with non-abortion services:

  • 97.6 % of pregnant women who went to Planned Parenthood were sold abortions,
  • with a 25 % drop in prenatal care clients,
  • and a whopping 59 % decline in adoption referrals.

Despite its protestations that (more…)

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In Kansas, state tax money is joined with Federal tax money to pay for the “Title 10 family planning” program.

UPDATE, Feb.10: new move to defund ALL Title 10 money

Anyone– including minors— can get “health” services under Title 10, although it is technically targeted for low-income persons.  (That’s one reason, in the recent video sting of a NJ Planned Parenthood facility, you saw the clinic manager tell the pimp to have his workers say they are students– insuring Title 10 reimbursement.)

Title 10 is not supposed to pay for abortion. It does cover

  • family planning (birth control pills/injections),
  • “related” services like pelvic exams,
  • testing for STDs (sexually transmitted diseases),
  • staff training in these matters,
  • data collection/ research, and
  • information dissemination and community education.

Local Kansas health clinics and Planned Parenthood (PP) businesses are both eligible to get some of this money, but for decades, PP got  all it wanted first.  The check was even mailed to PP headquarters in Overland Park, (which commits thousands of abortions each year) and then supposedly distributed to the PP “family planning” offices in Hays, Wichita and Lawrence (now closed).

UPDATE, Feb.8: This afternoon, Rep. Lance Kinzer (R-Olathe) offered a ‘defund Planned Parenthood’ amendment to the current 2010/11 budget such that any Title 10 moneys yet to be utilized, go to local health clinics, not PP. The amendment passed the House 91-26.  (more…)

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