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HOTALING v. HICKENLOOPER

No. 10CA0364.

275 P.3d 723 (2012)

Mark HOTALING, Plaintiff-Appellant, v. John HICKENLOOPER, in his official capacity as Governor of the State of Colorado; Christopher E. Urbina, in his official capacity as Executive Director of the Colorado Department of Public Health and Environment; Planned Parenthood of the Rocky Mountains Services Corporation, a Colorado nonprofit corporation; and Boulder Valley Women's Health Center, Inc., a Colorado nonprofit corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

June 23, 2011.

Attorney(s) appearing for the Case

Arrington Law Office, Barry K. Arrington , Centennial, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Monica M. Márquez , Deputy Assistant Attorney General, Anne Baudino Holton , First Assistant Attorney General, Joshua G. Urquhart , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees John Hickenlooper and Christopher E. Urbina.

Heizer, Paul LLP, Dean C. Heizer , Kevin C. Paul , Cynthia A. Coleman , Denver, Colorado, for Defendant-Appellee Planned Parenthood of the Rocky Mountains Services Corporation Isaacson Rosenbaum, P.C., Edward T. Ramey , Denver, Colorado, for Defendant-Appellee Boulder Valley Women's Health Center, Inc.

Opinion by Judge J. JONES.

Plaintiff, Mark Hotaling, claims that certain contracts entered into between the Colorado Department of Public Health and Environment (the Department) and two entities that provide family planning services violate article V, section 50 of the Colorado Constitution, which provides that public funds may not be used, directly or indirectly, to pay for abortions. The district court dismissed Mr. Hotaling's complaint, concluding that because...

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