ADF to Colo. appeals court: Stop illegal funding of abortion

State sent $14 million of taxpayer funds to Planned Parenthood despite voter-approved law that forbids it
Friday, February 13, 2015

Attorney sound bite:  Natalie Decker

DENVER – Alliance Defending Freedom attorneys filed their opening brief Friday in an appeal of a trial court’s decision that upheld $14 million of taxpayer subsidies to Rocky Mountain Planned Parenthood. ADF attorneys represent former Executive Director of the Colorado Department of Public Health and Environment Jane Norton in the lawsuit, which is now at the Colorado Court of Appeals.

The trial court determined that no “specific abortion service” was proven to be state-funded even though a voter-approved state constitutional provision prohibits direct or indirect public taxpayer subsidies for abortion.

“Colorado bureaucrats should not use taxpayer dollars to pay for abortions, especially when the Colorado Constitution prohibits it,” said ADF Legal Counsel Natalie Decker. “The lower court should not have dismissed this case on a technicality since it agreed that $14 million of taxpayer funds flowed from state government agencies to Planned Parenthood and its abortion affiliate, presumptively in violation of the state constitution.”

In 1984, Colorado voters approved the Abortion Funding Prohibition Amendment and later rejected an initiative to repeal it. The Colorado Department of Public Health audited Rocky Mountain Planned Parenthood and its affiliate, Planned Parenthood of the Rocky Mountains Services Corporation, in 2001 and subsequently ended funding to them after finding that state funds were indirectly subsidizing their abortion operations. State officials later ignored that determination and resumed funding.

“The voters’ primary concern in enacting Colorado’s Abortion Funding Limitation was to establish ‘a public policy for the state of Colorado that public funds are not to be spent for the destruction of prenatal life through abortion procedures,’” explains the ADF brief in Norton v. Rocky Mountain Planned Parenthood. “This is a legitimate policy goal as proponents of Colorado’s Abortion Funding Limitation did not want Colorado to lend its ‘imprimatur’ to the ‘direct or indirect’ funding of induced abortions.”

“The people of Colorado resoundingly voted against funding abortion either directly or indirectly,” added Barry Arrington, co-counsel in the case and one of more than 2,500 private attorneys allied with ADF. “We hope the Colorado Court of Appeals reinstates this case and affirms the people’s desire for their government to responsibly use their tax dollars.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

# # # | Ref. 40772