Oklahoma asked the Supreme Court on Wednesday to halt the federal government from withholding millions of dollars from its health department over the state agency not referring or counseling patients for abortions following the state’s move to ban the procedure.

A 2021 rule issued by the Health and Human Services Department conditions funding on the requirement for “grantees to offer abortion counseling and referrals,” according to the court filing.

Oklahoma says that HHS’ interpretation of Title X stretches too far to deny states the funds for refusing to provide information on abortion. The 10th U.S. Circuit Court of Appeals ruled against Oklahoma, prompting its petition to the high court.

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“HHS has stripped Oklahoma’s Health Department of $4.5 million solely because OSDH will not provide abortion referrals. And it will soon do so again,” the filing read. “These Title X funds are vital to Oklahoma’s provision of family planning services.”

The state agency gives the funds to about 70 city and county health departments for them to offer services.

Following the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, Oklahoma moved to ban the procedure except to save the life of the mother. It is also unlawful to assist with an abortion.

Dobbs reversed the 1973 landmark ruling in Roe v. Wade, which gave women a national right to abortion. The decision sent the issue back to the states.

Oklahoma and many red states then moved to ban the procedure or severely limit its access.

Oklahoma is not the only state fighting in court over the HHS rule.

Ohio and Tennessee also launched litigation over the funding issue.

The case is Oklahoma v. U.S. Department of Health and Human Services.