Jane E. Norton, Petitioner v. Rocky Mountain Planned Parenthood, Inc. A/k/a Planned Parenthood of the Rocky…

Summary

The court held that a complaint under article V, section 50 must allege that the State paid or reimbursed an entity, directly or through an intermediary, to compensate it for performing an abortion, and that an abortion was actually performed. Because the complaint alleged only that payments for non-abortion services indirectly subsidized an affiliated abortion provider, it failed to state a claim under C.R.C.P. 12(b)(5), and dismissal was affirmed. Justice Boatright, joined by Justice Coats, dissented, concluding that the constitutional provision prohibits indirect funding based on ultimate use of the funds and does not impose a purpose requirement.