SALT LAKE CITY — A federal judge Tuesday issued a temporary order stopping Gov. Gary Herbert's directive to cut off funding to Planned Parenthood of Utah.

U.S. District Judge Clark Waddoups' ruling allows the organization to receive federal dollars through the Utah Department of Health for at least two weeks. He scheduled a hearing for Oct. 15 to consider an injunction that would put the governor's order on hold pending the outcome of the lawsuit Planned Parenthood filed against the state Monday.

Waddoups said it's in the public interest to maintain the services Planned Parenthood provides, and the state made no arguments proving otherwise. He also told the state if it were to still attempt to pull the money, it would have to do it on grounds others than those Herbert cited earlier this month.

"Obviously, we need to see what the state's going to do about whether they come up with some other reason not give the funds to Planned Parenthood," Peggy Tomsic, a lawyer for the organization, said after the hearing. "I am very hopeful they do not do that."

Utah Solicitor General Tyler Green referred questions about that possibility to the governor's office.

Of Waddoups ruling, Green said, "What it means is that the judge ordered us not to deprive funding on any unconstitutional basis. That's the order out there. We intend to abide by it."

Herbert spokeswoman Aimee Edwards reiterated that the governor stands by his actions and looks forward to responding to Planned Parenthood's claims in court.

"Today's procedural action does not deter Gov. Herbert's resolve to carry out his directive," Edwards said in a statement.

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Utah Planned Parenthood plans to sue Gov. Herbert

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.

Herbert directed the Utah health department earlier this month to withhold about $273,000 in federal funds to Planned Parenthood for two after-school abstinence and reproductive health education programs, STD testing and an epidemiology study with the state.

Funding for some of those programs was set to be pulled Wednesday.

The governor's order came in reaction to controversial videos allegedly showing national Planned Parenthood officials discussing the selling of tissue from aborted fetuses for scientific research.

Planned Parenthood sued Herbert, contending he was trying punish the organization based on his personal and political views, as well as outrage over videos of questionable authenticity.

"They have nothing to do with Planned Parenthood of Utah. They have nothing to do with services provided here, and they have nothing to do with the funds that are at issue here," Tomsic said.

Waddoups asked Green why Herbert acted based on accusations rather than waiting for the outcome of an investigation into the validity of the videos.

Green said the state doesn't claim that the selling of fetal tissue is actually happening. But, he said, the governor has concerns that national Planned Parenthood was "coloring outside the lines," referring to a statement Herbert made after news of the videos broke.

"But Planned Parenthood of Utah has done nothing wrong. It has violated no rules. It has violated no laws," Tomsic told the judge.

The lawsuit contends the state violated Planned Parenthood's equal protection, due process and free association rights.

Federal money for the organization passes through the state health department, which along with Executive Director Dr. Joseph Miner and Herbert, is named as a defendant in the lawsuit.

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

Contributing: Nkoyo Iyamba

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