Court of Appeals for the Tenth Circuit June 8, 1995, No. 94-1205 (Hern v. Beye)

TACHA, Circuit Judge.

Plaintiffs are a physician and three women’s health care facilities that provide abortion services to women in Colorado. They brought this action pursuant to 28 U.S.C. §§ 2201 and 2202 seeking to enjoin defendant Karen Beye, the executive director of Colorado’s Department of Social Services, from enforcing Colo. Const, art. V, § 50, Colo.Rev.Stat. §§ 26-4-105.