Ken Paxton, the Attorney General of Texas, has filed a lawsuit against the Biden administration challenging a federal program that allows teenagers to access contraception without parental consent. This legal action represents the latest effort by Texas officials to confront federal reproductive health policies.
Title X, a federal program established in 1970, provides family planning and preventive health services to low-income and uninsured individuals. Texas is one of the few states that mandates parental consent for minors seeking birth control, except under Title X, which has traditionally allowed for confidential access to contraception.
The legal battle over Title X intensified in 2022 when U.S. District Judge Matthew Kacsmaryk ruled that the program infringed on the rights of Texas father Alexander Deanda, who argued that it violated his "fundamental right to control and direct the upbringing of his minor children." Consequently, Texas became the only state enforcing a parental consent requirement for Title X-funded services.
In March, an appeals court upheld Kacsmaryk’s ruling, asserting that Title X does not override Texas's parental rights law, but maintained a Title X rule that prohibits clinics from demanding parental consent before providing services.
Paxton’s new lawsuit seeks to challenge a 2021 Biden administration rule that mandates federal programs like Title X not require parental consent for minor services. Paxton argues that this rule is unlawful and infringes on state rights to enforce parental consent policies.
Joining Paxton in the lawsuit is Carmen Robles Frost, a Texas mother who claims the Title X rule promotes "sexual promiscuity and premarital sex" and undermines her ability to raise her children according to her Christian beliefs. The case is being represented by Jonathan F. Mitchell, known for his involvement in crafting Texas's abortion ban and travel restrictions.
The lawsuit was filed in Amarillo, a jurisdiction frequently chosen by conservatives due to its history of rulings favorable to their positions. Kacsmaryk, appointed by former President Donald Trump, is known for his conservative stances and has previously ruled against federal abortion protections.
In their legal filing, Texas attorneys reference the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the “Chevron doctrine” that previously guided courts to defer to federal agency expertise. This case signals a potential shift in how federal regulations may be challenged and interpreted.
This lawsuit is part of a broader trend of Texas and other conservative states challenging federal reproductive health regulations. In 2022, Paxton sued over emergency abortion care rules, securing an injunction from a Trump-appointed judge. He also challenged federal guidance requiring pharmacies to fill prescriptions for abortion medication.
The legal challenge coincides with a national movement from the right to enhance "parental rights" in education and healthcare, with critics arguing that such measures are often used to advance a far-right agenda under the guise of protecting parental authority.
Mary Ziegler, a professor of law and reproductive health expert at the University of California, Davis, notes that this lawsuit reflects a broader Republican strategy. “While Republicans claim not to target contraception, this lawsuit is indicative of a larger trend where reproductive health policies are increasingly under attack,” she says.
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