A Federal District Court in Texas last December ruled that Texas teenagers cannot get birth control or contraceptives without their parent’s consent. Title X, a United States Health and Human Services (HHS) law allows the federal government to assist in providing family planning services, including birth control. However, there is a provision in Title X that says HHS-funded clinics do not need parental consent to give birth control to minors. While the provision in Title X notes providers should encourage families to be part of the process, HHS-funded providers are not required to notify parents.

This provision, however, conflicts with Texas law. The “Texas Family Code § 151.001(a)(6) protects Plaintiff’s free exercise of religion in this regard because it protects “the right to consent to the child’s … medical and dental care, and psychiatric, psychological, and surgical treatment.” Texas law also provides Plaintiff standing to sue for a violation of Section 151.001(a)(6),” according to US District Judge Matthew Kacsmaryk of the Northern District of Texas. 

The plaintiff in the case who sued the provision, a Texas father, filed his lawsuit against Title X earlier in 2022. The plaintiff is a parent who does not agree with the fact that his daughters can obtain birth control without his permission. The plaintiff states that the provision violates his parental rights under the Texas Family Code and his right to raise his children in a Christian manner that promotes abstinence until marriage. Not knowing if his daughters are using birth control, especially from a government-funded clinic, takes away from that. 

The Judge noted, “Texas law confers Plaintiff the right to consent to his children’s medical care and general standing to file suit for a violation of that right,” and “the First Amendment prohibits infringement of one’s right to freely exercise his religion…And the Fourteenth Amendment prohibits the abridgment of parental rights.”

Judge Kacsmaryk decided with the plaintiff. The Judge gave several reasons why he believed the plaintiff did suffer an injury from Title X. The Judge believes the provision in Title X subverts parental authority and strongly noted that the plaintiff suffers from the fact his children could obtain birth control without his consent or knowledge.

The Judge did not put an injunction against the provision, which would have caused it to stop altogether. Only in Texas is that provision of Title X prohibited due to The Texas Family Code. Now Texas minors need parental consent if they want to get birth control from clinics that are government funded.

Advocates of the law state that minors need to have confidential birth control depending on their home situation. According to Local Profile, “minors in Texas already have a difficult time accessing birth control, even though the state has the highest repeat teen birth rate in the nation. Teens almost always have to get their parental consent before going on birth control. Texas is also one of just two states that doesn’t cover contraception at all due to the state-run Children’s Health Insurance Program.”

Texas’ Title X administrator, Everybody Texas, has told birth control providers to follow the decision, and not distribute to minors without parental consent. However, Everybody Texas does not agree with the Judge’s decision. “Thousands of teens under the age of 18 receive care from Title X clinics every year, many with the consent and knowledge of their parent or guardian. But for teens that seek confidential care, Title X clinics have supported them in making informed choices about their health and wellbeing in a safe and trusted environment.”