AUSTIN, Texas - A federal appeals judge says Texas cannot ban Planned Parenthood from receiving state funds.

Fifth Circuit Judge Jerry Smith agreed Friday that there's sufficient evidence the state's law banning Planned Parenthood from participating in the state's Women's Health Program is unconstitutional. He let stand an injunction blocking Texas from enforcing it.

Smith had stayed the injunction earlier this week so he could review it.

The law passed last year by the Republican-controlled Legislature forbids state agencies from providing funds to an organization affiliated with abortion providers. Eight Planned Parenthood clinics that do not provide abortions sued the state.

Texas officials have said that if the state is forced to include Planned Parenthood, they'll likely shut down the program that serves basic health care and contraception to 130,000 poor women.