SALT LAKE CITY — Planned Parenthood Association of Utah sued Gov. Gary Herbert on Monday and wants a federal judge to stop his order to cut off the organization's federal funds before it takes effect Wednesday.

"While we have always known that playing politics with the lives of Utahns is wrong and short-sighted, we have learned that Gov. Herbert's actions are also unconstitutional," said Utah Planned Parenthood CEO Karrie Galloway. "We aren't going to stand idly by. We aren't going to allow the governor to play politics with our health and our lives. We are standing up and fighting back."

Herbert's order last month came in reaction to controversial videos allegedly showing national Planned Parenthood officials discussing compensation for providing fetal tissue for scientific research. The videos outraged conservative groups, but Planned Parenthood officials claimed the clips were falsified.

The lawsuit contends Herbert was motivated by animus and retaliation for Planned Parenthood's association with abortion providers and advocacy for abortion services, even though those activities don't use state or federal tax dollars.

The governor's spokeswoman, Aimee Edwards, issued a statement Monday saying Herbert stands by his directive.

"He was offended by the actions of Planned Parenthood and the callousness with which they discussed human life. The health of Utahns, especially women, remains a priority for the governor. He will continue working with the state health department, local health departments, community health centers, nonprofit clinics and others to provide these important services," Edwards said.

Atty. Peggy Tomsic: Gov. Herbert's actions based on unfounded accusations against people in other states. pic.twitter.com/81MJ46UTT3 — Paul Nelson (@KSLPaul) September 28, 2015

A hearing on Planned Parenthood's request to halt the governor's order is scheduled for 10 a.m. Tuesday before U.S. District Judge Clark Waddoups.

Federal money for Planned Parenthood passes through the Utah Department of Health, which, along with its executive director Dr. Joseph Miner and Herbert, is named as a defendant in the lawsuit.

Galloway said the nonprofit organization would lose about $272,000 a year if the order takes effect. Still, she said it would continue its programs "no matter what."

Utah Planned Parenthood provides reproductive health care to about 46,000 people each year. It does not participate in any program that provides fetal tissue for scientific research, according to the lawsuit.

"Gov. Herbert is targeting access to critical, lifesaving health care and education for women, men and teens in Utah — including STD tests for rape survivors," said Cecile Richards, president of Planned Parenthood Federation of America in a statement issued Monday.

"It's unconscionable and based on totally false and discredited claims from anti-abortion extremists who are far outside the mainstream. The public and the facts are on our side, and Planned Parenthood will fight with this with everything we've got," she said.

Leading the case is Peggy Tomsic, a Salt Lake attorney who successfully fought Utah's same-sex marriage ban.

"The bottom line is that the Constitution applies to everyone, and what courts have pretty consistently said is that the majority or politicians can't use personal viewpoints to deprive people of their constitutional rights. That is what is happening here," Tomsic said.

Herbert's order unfairly discriminates against the agency, violating its rights under the 14th Amendment's equal protection and due process clauses, as well as the First Amendment's free speech clause, she said.

"Courts, including the U.S. Supreme Court, have held that when the government terminates or lets a contract expire for services and does it because of a political disagreement with public speech or assembly, which in this case I believe would be the advocacy of abortion, that is a violation of the First Amendment," she said.

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Gov. Herbert instructs state to stop distributing federal funds to Planned Parenthood

Gov. Gary Herbert instructed state agencies to stop distributing federal funds to the Planned Parenthood Association of Utah on Friday afternoon in a decision that took state lawmakers and Planned Parenthood officials by surprise.

If the governor's order stands, Tomsic said it will "imminently and irreparably" harm the organization and those it serves.

"The funds targeted by Gov. Herbert are used by Planned Parenthood solely to provide reproductive health services and education and STD testing, in particular to low-income and high-risk groups in Utah," she said. "Those funds and services have nothing to do with abortion-related services or advocacy."

Galloway said the organization would figure out a way to make things work without the money. "But we'll see how long it lasts," she said. "It would be real nice if the courts would help."

Utah's Department of Health is still working with the state and local health departments to decide what agencies would receive Planned Parenthood's funding if Herbert's order stands, said department spokeswoman Charla Haley.

Four grants totaling $273,037 would be either terminated or not be renewed after expiration. Haley said the grants fund abstinence-only education programs, comprehensive sex education programs, electronic reporting of STD cases and STD lab testing.

In Salt Lake County, the following organizations already have contracts with Utah's Department of Health to provide teen pregnancy prevention programs: National Tongan American Society, Pregnancy Resource Center, Community Building Community in Midvale, Boys & Girls Club of Greater Salt Lake, and Teen Mother & Child Program at the University of Utah.

Contributing: Dennis Romboy, Geoff Liesik

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