Texas sues Biden administration over program giving birth control to teens without parents' knowledge

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Texas officials are challenging a recent order from President Biden's administration that would allow schools to distribute birth control to teenagers without parental consent.

Texas Attorney General Ken Paxton announced Thursday that his office is suing the Biden administration over their 2021 change to Title X guidelines banning parental consent requirements for birth control services.

"By attempting to force Texas healthcare providers to offer contraceptives to children without parental consent, the Biden Administration continues to prove they will do anything to implement their extremist agenda — even undermine the Constitution and violate the law," Paxton said in a statement.

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A woman takes the next pill from a monthly pack of contraceptive pills.  (Annette Riedl/picture alliance via Getty Images)

The Texas legal battle began in Dec. 2021 when US District Judge Matthew Kacsmaryk ruled that Title X — the federal program that provides free, confidential contraception to anyone regardless of age, income or immigration status —  violates parental rights and violates state and federal laws.

The case was argued by former solicitor general of Texas Jonathan Mitchell, representing father Alex Deanda, who said he 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."

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Kacsmaryk, a Trump appointee, previously ruled that parents must be informed when birth control is provided to their children under 18 years old. (Senate Judiciary Committee via AP)

In response, the federal government updated guidelines to state that Title X projects "may not require consent of parents or guardians for the provision of services to minors, nor can any Title X project staff notify a parent or guardian before or after a minor has requested and/or received Title X family planning services."

Paxton is now seeking a permanent injunction on this rule, which he claims defies the findings of the federal court.

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Paxton and his wife Angela are pictured outside the Supreme Court. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Paxton filed the lawsuit in a federal court in Amarillo. It will likely be heard by Kacsmaryk, the same judge who previously ruled parents must be informed of birth control provided to their children.