A federal judge has spurned a move by Kansas to derail a constitutional challenge to a new law restricting abortion insurance coverage.

U.S. District Judge Julie Robinson sided with the American Civil Liberties Union in a ruling Thursday rejecting the state’s request for partial dismissal of claims that the law discriminates against women and therefore violates equal protection of the laws.

Robinson said the alleged facts, if proven at trial, support the ACLU’s claim that the statute creates a substantial obstacle to a woman seeking an abortion. The ACLU contends the purpose of the statute is to inhibit women from accessing abortion care.

She noted the issue at this point is not whether the ACLU will ultimately prevail, but whether it is entitled to offer evidence to support its claim.