How Texas teens lost the one program that allowed birth control without parental consent

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WFAA's Jason Whitely and Berna Dean Steptoe lead discussions with local lawmakers and community leaders, providing in-depth analysis of Texas politics.

Federal Title X clinics do not require parental consent for birth control — except in Texas, where a lawsuit upended the longstanding program.Teenagers come to Access Esperanza’s family planning clinics in the Rio Grande Valley for birth control. They leave with a full reproductive life plan.

“You just see their shoulders slump and we know this is someone who doesn’t feel they can talk to their mom and dad about this topic,” Gonzalez said. “Some parents want to pretend it isn’t happening. We’ve seen parents get violent when their child talks about being sexually active.” Mitchell declined to comment and declined to make his client available. But in the original lawsuit, Mitchell explained that Deanda was “raising each of his daughters in accordance with Christian teaching on matters of sexuality, which requires unmarried children to practice abstinence and refrain from sexual intercourse until marriage.”

“Adjusting priority deadline policy alone is not sufficient,” the lawmakers’ letter said. “An institution which only adjusts its deadline policy may still find that it has awarded all of its available funds before the institution even receives the -burdened students’ .” The ruling came just a few days before Christmas 2022. Title X providers like Family Circle of Care, a federally qualified health center in Tyler, in northeast Texas, had to scramble to ensure they were in compliance with the new interpretation of the law.

But as Deanda’s stance makes clear, not all parents are open to the idea of their child getting birth control. Some teens take the newly created consent form and never show back up, Porter said. Others just pocket condoms and whatever education Porter can arm them with during the appointment. She worries most about the clients who never show up at all, knowing they won’t be able to get their parents’ permission.

“Unwanted teenage pregnancies are going to lead to people dropping out of school, single parent homes, and then the strain that it puts on the health care system,” Garza said. “The pregnant woman has to get on Medicaid, the kids’ going to be on Medicaid, that’s a lot of Medicaid dollars that could have been prevented.”Last February, the federal government appealed Kacsmaryk’s ruling to the 5th U.S. Circuit Court of Appeals in New Orleans.

 

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