U.S. District Judge Julie Robinson rejected an argument by the American Civil Liberties Union of Kansas and Western Missouri that the 2011 law should be summarily invalidated because the Legislature's predominant purpose in passing the act was to impede access to abortion.

Instead, Robinson sided with the state in finding that the ACLU failed to provide any evidence about lawmakers' motivation. But, the judge said, a trial is necessary to determine the larger question of whether the significant costs for abortions many women must now pay for themselves create a substantial burden on the federal right to an abortion.

The state law prohibits private insurance companies from offering coverage for abortions in their general plans, except for when a woman's life is in danger. Kansas residents or employers who want abortion coverage must buy supplemental policies, known as riders.