Last year, Judge Matthew Kacmsaryk closed off one of the only avenues for Texas teens to get confidential contraception. The 5th Circuit on Monday considered arguments in the case.
A Texas lawsuit, originally filed in 2020, could potentially undermine a core component of a federal family planning program.
The U.S. Department of Justice’s cornerstone argument is that Deanda has no legal right to bring this case because he cannot show that his daughters have ever even visited one of the clinics, let alone were prescribed birth control without his consent.“If your kid knows you don't want them to go have sex when they're 15, they're certainly not going to tell you they want to go and get some medicine so that they don't end up pregnant,” Haynes said.
In Texas, that makes Title X clinics unique. In virtually every other setting, teens must have parental consent to get contraception. Even a teen who has had a baby must get a parent’s permission to get on birth control. “But not every young person has that … trusted adult or a parent or legal guardian that they can go to and get consent to get the services that they need,” she said, pointing to young people in abusive or coercive situations as an example.
the Trump-era regulations led to more than 180,000 unintended pregnancies. The Biden administration lifted those regulations in October 2021 and the program is “Although other courts have held Title X ‘preempts’ state-imposed parental-notification and consent requirements, the Court finds those authorities unpersuasive,” Kacsmaryk wrote. He ruled that Title X clinics “must encourage family participation and obtain parental consent.”
Duncan equated Texas’ parental rights statute to a fence around a family’s home that’s “helping you be a parent,” he said.
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