The article “Texas Teens Must Get Parental Consent for Contraception” provides information to Texans about public policy, politics, government, and statewide issues. First published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs and engages them.
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Texas teens will still be required to obtain parental consent for birth control even after the legal battle dies down.
Texas filed a lawsuit in July over the Biden administration’s policy to allow teenagers access to confidential contraceptive methods through the Title X program. Attorney General Ken Paxton cited an earlier 5th Circuit ruling that found Texas law preempts such a policy. Following the ruling, the federal Department of Health and Human Services agreed not to enforce the confidentiality clause in Texas. Paxton withdrew the lawsuit last week.
Here’s what you need to know:
Background: Title X is a Nixon-era program that provides covert contraception to anyone, regardless of income, immigration status, or age. Federal regulations and several court decisions have long held that Title X providers cannot seek parental permission to prescribe contraceptives to teens.
In 2020, an Amarillo father filed a lawsuit over the provision, arguing it violates parental rights guaranteed by the Texas Constitution. Alexander DeAnda was represented by Jonathan Mitchell, a former Texas attorney general and conservative lawyer. Mr. Mitchell filed his lawsuit in federal court in Amarillo, where conservative judge Matthew Kacsmarik hears nearly all cases.
Mr. Kaczmarik sided with Mr. DeAnda, and his ruling effectively required Title X providers in Texas to begin seeking parental consent before prescribing contraceptives. The 5th U.S. Circuit Court of Appeals upheld the ruling in March.
In 2021, as this case was unfolding, the Biden administration announced that Title They also announced new rules emphasizing that parents cannot be notified. Before or after the minor requests and/or receives Title X family planning services. ”
Why Texas sued: Paxton asked Kaczmarik to issue a permanent injunction against the rule, arguing that it is “contrary to” the Fifth Circuit’s ruling.
“By attempting to force health care providers in Texas to provide contraceptives to children without parental consent, the Biden administration is willing to do whatever it takes to carry out extremist policies,” Paxton said in a statement. “They continue to prove that they do things that violate the Constitution and even violate the law.”
What Federal Officials Say: Following the Fifth Circuit’s decision in DeAnda, the federal Department of Health and Human Services issued a policy notice stating that it will not enforce confidentiality provisions against minors in Texas to the extent that they conflict with state law. As a result, government lawyers argued that Texas lacked standing to bring the lawsuit and suffered no damages. Paxton claimed in a press release a “complete and total victory,” but the state dismissed the lawsuit.
Broader Impact: This lawsuit will not change access to contraceptives for Texas teens because Title X providers in Texas already require parental consent. But it’s part of a broader pattern of restricting access to reproductive health care in the state.
Texas’ teen pregnancy rate rose for the first time in decades after the state banned nearly all abortions after about six weeks of pregnancy, according to 2022 birth rate data. With abortion now effectively banned and contraception further restricted, many health care providers and advocates fear the number of abortions will skyrocket even further.
Teens who are unable to obtain parental permission to use contraception “tend to be invisible to the health care system until they find out they are pregnant or have a sexually transmitted disease.” said Dr. Josephine Porter, Tyler Family Chief Medical Officer. Circle of Care told The Texas Tribune in April.
At Project Vida, a Title told the Tribune.
“They’re afraid to even come over because they’re afraid their parents will find out, and they’re missing out on a lot of things because of that,” Garza said.
This article originally appeared in the Texas Tribune (https://www.texastribune.org/2024/07/25/texas-paxton-biden-parental-consent-contraception/).
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