In 1970, Congress passed Title X of the Public Health Service Act, a grant program that makes contraceptives available to any person who requests them. Under this legal framework, HHS is authorized to make grants and contract with public or private entities to establish family planning projects. Though the agency distributes these grants, organizations receiving them must still comply with state law. According to The Guttmacher Institute, 25 states and the District of Columbia allow all minors to consent to contraceptive services. Only four states have no explicit policy on minors’ ability to consent to receiving birth control. Under Texas law, parental consent is required for minors to receive contraception. A federal district court and a unanimous panel of the U.S. Fifth Circuit Court of Appeals have both ruled that Title X providers must comply with the state’s parental consent laws.Texas Attorney General Ken Paxton is suing the U.S. Department of Health and Human Services (HHS) over a rule that would require state medical providers receiving Title X funding to provide contraceptives to children without parental consent.
Attorney General Ken Paxton Sues Biden Administration Over Rule Forcing Health Entities to Provide Contraceptives To Minors Without Parental Consent, in Violation of State Law: https://t.co/mrB1sJsO6f The Biden administration’s agency rule, however, defies this legal precedent by forbidding Title X projects from obtaining parental consent before providing birth control to minors. “By attempting to force Texas healthcare providers to offer contraceptives to children without parental consent, the Biden Administration continues to prove they will do anything to implement their extremist agenda — even undermine the Constitution and violate the law,” Paxton said in a statement. “Federal courts have already shut down their previous attack on parental rights, and I will ensure that we stop them once again.” The Texas Family Code establishes some exceptions to this rule, including certain emergency situations where a parent or guardian is unable to be contacted. In the legal filing, Texas officials argue that the Biden administration’s HHS rule “exceeds statutory authority and is not in accordance with law” by not obtaining parental consent or notifying parents before providing family planning services to children. The lawsuit brought by Texas seeks a permanent injunction to prevent HHS’s rule from being enforced.
— Texas Attorney General (@TXAG) July 25, 2024
