Further evidence that the attacks on reproductive freedom don't stop with abortion: Texas teens currently cannot obtain contraceptives without their parents' notification and permission. The inevitable result will be more unintended pregnancies and more desperate girls in states where nearly all abortions are banned.
We can thank the state of Texas and the ultra-conservative U.S. Court of Appeals for the Fifth Circuit for this situation. The smart thing to do to prevent unwanted pregnancy is to make contraceptives as easy and risk-free to use as possible. Forcing a child to have a child is not in anyone's interest.
I have now experienced this debate from both sides, both as a teenager and as a mother of teenagers. I agree that parental involvement is desirable, and I think it's natural for parents to want a say in their child's medical decisions, but these discussions don't always occur. I am also aware of this. In many families, the consequences can be far worse than an invasion of privacy or an uncomfortable conversation.
Congress understood this, providing federal funding for family planning clinics, and in 1978, concerned about the surge in teen pregnancies, explicitly amended Title In 1981, the law was further amended to “encourage family participation” “to the extent practicable.”
Years later, the Reagan administration attempted to use this language to require parents to be notified if their children sought contraceptives from federally funded clinics. This so-called Skele Rule has been struck down by two federal appeals courts. Additionally, all appellate courts dealing with conflicts between state parental consent rules and Title X have held that the state rules are inconsistent with Title X and cannot be enforced.
Follow this author Ruth Marcus Opinions
So for the past 40 years, the rules have been clear. This means teens can safely access contraceptives. Or so we thought. Texas law gives parents the right to consent before administering contraceptives to their children. Alexander DeAnda, who said he was raising his three daughters to follow Christian beliefs that they should refrain from premarital sex, filed a Title X lawsuit in violation of Texas law and his constitutional right to direct the upbringing of his children. filed a lawsuit challenging its management. . U.S. District Judge Matthew Kacsmalik, a Trump candidate known for his ruling against the abortion drug mifepristone, agreed.
Last week, the Fifth Circuit sided with Deanda. The all-Republican panel, consisting of two candidates, George W. He dismissed the Biden administration's claims. There was no allegation that his daughters obtained or were inclined to obtain contraceptives from a Title X clinic.
In the opinion Duncan wrote, that was not relevant to the Fifth Circuit. (You may remember that he received abuse from students at Stanford Law School who were dissatisfied with his stance on LGBTQ+ rights.) Spending millions of dollars to bring contraceptives to adults,” Duncan wrote. “It would not be surprising if there were likely to be a number of parents who would challenge that in court accordingly.”
Duncan said the federal law does not interfere with Texas' rules and therefore does not preempt them. Really? One of his priorities is a federal law that says family participation “should be encouraged.”[d]”, so far it is “practical”. The other is a Texas law that provides concessions based on supremacy clauses but requires parental consent.
Duncan said he reviewed the two laws and found “no conflict between the purposes of Title X and the purposes of the State of Texas.” Both want to encourage family participation, he said, and Texas is “just establishing concrete means to achieve that goal.” So much for paying attention to the text of the law.
Still, the Fifth Circuit did not go as far as kachmalik, which is becoming a trend for this extremist judge. Although the appeals court concluded that federal law does not preempt Texas' consent requirements, the broader constitutional question of whether Title X violates Deanda's right as a parent to control the care of her child Didn't answer the question.
There was yet another problem. In 2021, after DeAnda's lawsuit was filed, the Biden administration will require recipients of Title X funds to require parental consent or notify parents that a minor has requested contraceptive services. issued a regulation stating that it is not possible to do so. Kacmarik declared the new rules illegal. But the appeals court said that went too far because DeAnda didn't properly object.
In other words, observe this space. But don't fall asleep easily. Outlawing abortion is just the beginning, as we saw with Alabama's blockade of IVF and Texas' blockade of contraceptives.
