– For almost a year, Texas teens have been shut out of a federal program that allows minors to access birth control without parental consent.
Appeals courts have repeatedly ruled that minors have a right to confidential contraception under the Title X program, which Mitchell acknowledged Monday. But he asked the judges — two appointed by President George W. Bush and one appointed by President Donald Trump — to reject that precedent and instead find that Texas’ parental consent code should dictate how this federal program operates in the state.
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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