Colo. Supreme Court Throws Out Anti-Planned Parenthood Suit

DENVER, CO -- The Colorado Supreme Court upheld the dismissal of a 2009 suit against Planned Parenthood that alleged that state taxpayer money was being used to pay for abortions, contrary to state law.

Jane Norton, former Lt. Governor of Colorado under GOP Gov. Bill Owens, and unsuccessful Senate candidate, sued Rocky Mountain Planned Parenthood, Inc. as a private citizen, alleging Planned Parenthood was subsidizing abortions with state funds by subsidizing rent for a related company, Planned Parenthood of the Rocky Mountains Services Corporation, which offered abortion services.

Norton had previously been director of the Colorado Dept. of Public Health and Environment, and in 2001 had cancelled all state contracts with Rocky Mountain Planned Parenthood, Inc., after an audit found that the abortion services company was receiving a subsidy.

The Colorado Constitution states in Section V, Article 50 that “[n]o public funds shall be used by the State of Colorado, its agencies or political subdivisions to pay or otherwise reimburse, either directly or indirectly, any person, agency or facility for the performance of any induced abortion . . . .”

In 2009, the state resumed payments to RMPP. Norton filed the suit claiming that Planned Parenthood had been unjustly enriched.

Norton v. Rocky Mountain Planned Parenthood, Inc. was dismissed on summary judgment. An Colorado appellate court ruled affirmed the dismissal saying Norton failed to show that tax dollars were spent on abortion services. The appeal ruling said the state had provided proof that that it made payments to Planned Parenthood only for nonabortion services, such as cancer screenings, office visits, copies of medical records, birth control,and testing for infections.

The state Supreme Court ruled 4-2 against the case, with justices Brian Boatwright and Nathan Coats casting the dissenting votes.

Vicki Cowart, president and CEO of Planned Parenthood of the Rocky Mountains issued a statement after the ruling.

“Today’s victory is a win for over 103,000 patients we care for every year, who trust us to provide them quality health care. This was always just a sideshow from extremists with an agenda."

Meanwhile, Norton's attorney, Michael J. Norton, posted a statement on Facebook asking for support among:

“those who know that an unborn child is a human being... We are assessing options, but it seems we are at the end of this road, for now,” Norton said.

Jane Norton was chosen by Pres. Donald Trump in July to become director of intergovernmental and external affairs for the U.S. Department of Health and Human Services.

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