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SALT LAKE CITY — The state of Utah has entered a permanent agreement not to attempt to defund Planned Parenthood "on impermissible constitutional grounds," according to court documents filed Friday evening.
A proposed permanent injunction, filed for consideration by U.S. District Judge Dee Benson, echoes the judge's preliminary injunction issued in September as it stops Gov. Gary Herbert, Utah Department of Health Executive Director Joseph Miner or any other state employee from defunding or denying funds to the reproductive health organization.
The injunction specifies that the state cannot take or withhold funds from Utah Planned Parenthood for its advocacy for legal abortion, affiliation with the national Planned Parenthood organization and association with other groups that advocate for legal abortion.
However, the state is not required to renew or issue new contracts with Utah Planned Parenthood, but if it chooses not to, it must spell out a legitimate reason in writing 30 days ahead of time.
If finalized, the agreement could end a court battle between state leaders and the reproductive health organization dating back to September 2015.
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Utah Planned Parenthood sued the state after Herbert directed the health department to withhold federal pass-through dollars to the organization last year. His order came after the release of several secretly recorded videos purporting to show national Planned Parenthood officials bargaining over the price of aborted fetal tissue.
Planned Parenthood called the videos highly edited and misleading.
In all, Utah Planned Parenthood looked to lose about $374,000 in grants from the federal government for two sex education programs, a sexually transmitted diseases testing program, and an STD tracking database over fiscal years 2015 and 2016.
By law, state funds cannot be used for abortions.
Benson has not yet signed the permanent injunction. No upcoming hearings have been scheduled.