The Planned Parenthood chapter's lawsuit, filed in U.S. District Court in Kansas City, Kan., challenges a budget provision that requires the state's portion of federal family planning dollars go first to public health departments and hospitals, which leaves no money for Planned Parenthood and similar groups. Planned Parenthood expects the provision to cost it about $331,000.

The lawsuit alleges the provision violates the organization's rights to free speech and legal due process. It was filed against Gov. Sam Brownback, an anti-abortion Republican who took office in January, and Robert Moser, his secretary of health and environment.

"Unfortunately, Governor Brownback and his allies in the Legislature put the health of thousands of their constituents at risk by eliminating funding for a trusted community health care provider," said Peter Brownlie, the Planned Parenthood chapter's president and chief executive officer. "Women in Kansas need better access to affordable, high quality health care, not politically-motivated barriers."

The measure is less far-reaching than a plan enacted in Indiana that cuts off Medicaid funds for Planned Parenthood. A federal judge has blocked that law, saying Indiana can't deny funds for general health services such as breast exams and Pap tests just because Planned Parenthood also performs abortions.

Still, Planned Parenthood contends that Kansas' budget provision will do "significant and irreparable harm" to men and women seeking family planning services. Planned Parenthood offers abortion services in Kansas only at its clinic in Overland Park, a Kansas City suburb, but also has clinics in Wichita and Hays that serve about 5,700 patients.

Its lawsuit argues that the budget provision represents a punishment for publicly advocating abortion rights. But backers of the budget provision argue that Kansas residents who oppose abortion shouldn't be forced to have their tax dollars subsidize abortions.

"Kansas taxpayers have made it clear they do not wish to underwrite organizations that perform abortions. We will uphold the law," the governor said in written statement Monday.

Planned Parenthood maintains that it keeps abortion services separate from other services, such as family planning, though abortion opponents contend any state funds ultimately help support the chapter's clinic in Overland Park.

Mary Kay Culp, executive director of Kansans for Life, said it makes little sense to give family planning dollars to Planned Parenthood since it can make money terminating unwanted pregnancies if it fails to prevent them.

"They evidently think they have a right to it because they've had it so long, but it's taxpayer money," Culp said.

The state's other two abortion providers, which also are in the Kansas City area, also have been considering legal challenges to the budget provision as they try to prepare for the new licensing regulations. Among other things, those regulations list drugs and equipment they must have on hand, set allowable temperatures in procedure and recovery rooms, and establish the minimum size for procedure rooms. The licensing law mandates annual state inspections, including at least one unannounced visit.

Three health department inspectors spent two days examining Planned Parenthood's clinic in Overland Park last week, while the Women's Health Center, also in Overland Park, has an inspection set for Wednesday. The state's third provider, the Aid for Women clinic in Kansas City, was denied a license without being inspected after disclosing on its application that its building would need extensive renovations to meet the regulations, the latest version of which were released only last week.

The rules are considered temporary, in effect for only four months, until the state health department can take public comments and consider changes.

"I'm not expecting them to change anything," said Dr. Herbert Hodes, who performs abortions at the Women's Health Center.

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The lawsuit is Planned Parenthood of Kansas and Mid-Missouri v. Sam Brownback and Robert Moser, No. 11-cv-2357 JTM/DJW.

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Online:

U.S. District Court for Kansas: http://www.ksd.uscourts.gov/