Texas Federal Judge Rules Against Title X Allowing Teens To Get Birth Control Without Telling Parents

Texas judge ruled Tuesday against a program that allowed teens to obtain birth control without their parents knowing.

Matthew Kacsmaryk, U.S. District Judge, issued a ruling stating Title X violates parents’ rights as well as the state code. According to the Texas Tribune, Kacsmaryk was a religious liberty lawyer and assisted in litigation cases seeking to eliminate contraception protections.

Jonathan Mitchell, the ex-Texas solicitor general, filed the case on behalf of Alexander Deanda. Deanda is the father of three children. He is “raising each one of his daughters in accordance to Christian teachings on sexuality which requires unmarried children practice abstinence until marriage,” according to the complaint.

Deanda claimed Title X’s confidentiality clause was against parents’ rights and violates the Texas Family Code.

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Deanda stated that he would like to know if his children were accessing or trying to access prescription contraception or other family-planning services. Deanda stated that he doesn’t want his children to use or obtain these drugs or services without his consent.

Kacsmaryk ruled Title X violates the father’s rights as per the code and the Due Process Clause in the 14th Amendment. He also pointed out that there wasn’t any compelling reason for the government to violate the fathers’ rights.

Kacsmaryk’s ruling dissociates the Title X confidentiality section. The judge did not issue an injunction prohibiting clinics from giving birth control to minors without parents’ consent. The state’s Title X administrator said that it was awaiting more information from the Department of Health and Human Services on how to proceed. It remains to be seen what the effects of this ruling will be.

Kacsmaryk granted plaintiff’s motion on December 8 and rendered summary judgement. The judge concluded that the Title X administration by defendants violates parents’ constitutional rights to direct their children’s education and the Texas Family Code.

Organizations like Planned Parenthood and National Family Planning and Reproductive Health Association spoke out against this decision.

Clare Coleman, President and CEO of National Family Planning and Reproductive Health Association stated in a statement that “despite the fact that contraceptive access rights are protected by the U.S. Constitution, all including adolescents”,

She stated that Title X-funded providers were highly trusted sources for health care information for patients. Unable to access confidential care would block a crucial pathway to essential services for young people.

Alexis McGill Johnson (President and CEO of Planned Parenthood) stated that “Opponents to reproductive rights aren’t satisfied with overturning Roe – they want to take away the right to birth control from young women, and limit access to essential sexual health care whenever they can.”

The Office of Population Affairs, under the Department of Health and Human Services says that “Title X” recipients offer a wide range of medically approved Family Planning services. This includes natural family planning methods as well as contraception approved and approved by the Food and Drug Administration. These services include “[p]regnancy prevention, birth spacing,” counseling, testing and counseling, and “[o]ther Preconception Health Services.”

The Title X services are voluntary, confidential and available regardless of who can pay.