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5th Circuit upholds TX law requiring minors to obtain parental consent for contraception

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5th Circuit upholds TX law requiring minors to obtain parental consent for contraception


The 5th Circuit Court of Appeals upheld a Texas law requiring parental consent to obtain contraception for minors.

The decision from a three-judge panel of the federal appeals court in New Orleans largely affirms a 2022 ruling from U.S. District Judge Matthew Kacsmaryk in Amarillo, that ended one of the only avenues for Texas teens to confidentially obtain birth control, through federally funded family planning clinics. Since 1970, the federal Title X program has provided free contraception to anyone regardless of age, income, or immigration status.

The 5th Circuit panel, which heard the case last year, found parental consent required for minors’ medical treatment under the Texas Family Code does not conflict with federal law that allows U.S. teens to obtain contraception confidentially at federally funded family planning clinics.

“Moreover, Title X’s goal (encouraging family participation in teens’ receiving family planning services) is not undermined by Texas’s goal (empowering parents to consent to their teen’s receiving contraceptives),” wrote Judge Stuart Kyle Duncan. “To the contrary, the two laws reinforce each other.”

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The decision, from Duncan and Circuit Judges Priscilla Richman and Catharina Haynes, mostly affirms the findings by Kacsmaryk, who ruled that the Title X program violates parents’ rights and state and federal law. Texas law requires minors to get parental permission before obtaining medical treatment, but Title X clinics were previously exempt from that law.

The case was filed by Jonathan Mitchell, a former Texas solicitor general, the legal architect behind the 2021 Texas law that banned abortion after the sixth week of pregnancy.

Mitchell represented Alexander Deanda, an Amarillo father who said he raised his three minor daughters in accordance with his Christian beliefs to abstain from premarital sex. Although Deanda didn’t show that his daughters obtained birth control without his consent, he still argued that the program violated his rights as a parent in Texas.

Under Title X, clinics are to “encourage family participationto the extent practical.” Federal courts have repeatedly held that clinics cannot require parental consent.

U.S. Department of Justice attorneys had argued in 2022 and again last year in New Orleans that Deanda had no standing to bring the case forward. The three-judge panel ruled Deanda did have standing because the program prevents him from exercising his parental rights to consent to his child’s medical care.

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The three-judge panel did reverse part of Kacsmaryk’s ruling. The district judge had struck down a regulation that barred Title X-funded groups from notifying parents or obtaining consent. The 5th Circuit said it was too soon to rule on the new regulation.

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Every Body Texas is the nonprofit that administers the Title X grant in Texas. Since 2022, the group has advised its 156 clinics in Texas to require parental consent for minors “out of an abundance of caution” as it awaits further guidance from the federal government.

The Texas Title X administrator filed an amicus brief in the case before the 5th Circuit. On Wednesday, the group issued a statement, pointing out that the mixed ruling from the 5th Circuit was “not a clear statement on whether minors in Texas can legally access confidential contraceptive care without parental consent in Title X clinics” or whether the clinics must continue to comply with Texas state parental consent law.

For now, Every Body Texas believes its clinics should continue operating as they had after Kascmaryk’s ruling, by requiring parental consent for minors seeking birth control, as the group consults with the federal government as to how to proceed.

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“While we agree with the court’s decision to keep in place the 2021 Title X rule that prohibits clinics from requiring parental consent, we remain concerned that the ambiguity of the ruling continues to impose barriers for young people in Texas who are trying to access birth control,” said Stephanie LeBleu, Title X Project Director.

“Minors have been unable to access confidential contraceptive care in our network of Title X clinics for more than a year,” said LeBleu. “Title X encourages young people to involve a parent or guardian in their healthcare decision-making. However, not all teens have a trusted adult with whom they can have those important conversations, and they turn to their healthcare provider for confidential care.”

and on Wednesday said but had little comment about the ruling late Tuesday.

“We are currently working to understand the full implications of the opinion from the 5th circuit today,” Mimi Garcia, spokesperson for Every Body Texas, said in a statement. “We continue to operate under previous guidance at this time.”

DOJ attorneys also declined to comment on the ruling or appeal plans.

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The decision could have ripple effects across the country if other states adopt similar parental consent policies, said Lucie Arvallo, executive director of Jane’s Due Process, an organization that helps young people access abortions and contraceptives.

“We know from over two decades of working with teens that young people will frequently include parents in their reproductive health care decisions, but for some, parental involvement and legal decisions like this one are insurmountable barriers,” Arvallo said. “Teens should be able to access birth control, no matter their circumstances or where they live.”

Arvallo added that abortion rights groups will likely be hesitant to appeal the ruling to the U.S. Supreme Court, which in 2022 revoked a constitutional right to abortion. She said a U.S. Supreme Court ruling that affirms the 5th Circuit’s decision could decimate teen access to birth control nationwide.

Reporter Neelam Bohra contributed to this story.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2024/03/12/texas-parental-consent-birth-control-fifth-circuit-title-x/.

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Austin, TX

Fun Events in Austin Today – Saturday, 18th Jan 2025

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Fun Events in Austin Today – Saturday, 18th Jan 2025


Happy Saturday Austinites! Here’s our list of Fun Events in Austin Today – Saturday, the 18th of January, 2025.


Editor’s Note: Our staff works hard to bring you the latest information. However, all information mentioned in this article is subject to change. As always, please confirm before heading out.


Fun Events in Austin Today for Adults

Sip & Paint + Day Party

Image credit: Encore ATX Facebook

Enjoy the best of today’s music as you sip and paint during a hyped day party. Bring your friends or come alone. Either way, you’ll have a blast!

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All art supplies are provided and an art instructor will guide you through everything. In addition to that, enjoy a full food menu and bar.

When: Saturday, January 18, 2025 | 2 pm
Where: Lulu’s, 10402 Menchaca Rd bldg C, Austin, TX 78748
How Much: Starts at $5


Austin Witches Market

Visit the Austin Witches Market at The Brewtorium this weekend and find some pretty cool and magical stuff!

This market is free to attend and open to all ages.

When: Saturday, January 18, 2025 | 12 pm – 4 pm
Where: The Brewtorium Brewery & Kitchen, 6015 Dillard Cir A, Austin, TX 78752
How Much: Free to attend

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MLK Jr Freedom Run

Fun Events Today in Austin - MLK Jr Freedom Run

Image Credit: letsdothis.com

Celebrate and honor Martin Luther King Jr’s legacy with a run around the city. You can run the 5k (in-person or virtual), 10k, or half-marathon.

You’ll get a swag bag with a running shirt, giveaway or finisher’s towel, a finisher’s medal, and digital training pack.

When: Saturday, January 18, 2025 | 7:30 am
Where: Richard Moya Park, 10001 Burleson Rd, Austin, TX 78719
How Much: Starts at $39.95


Fun Events in Austin Today for Kids

2025 Peace Lantern

Fun Events Today in Austin - 2025 Peace LanternFun Events Today in Austin - 2025 Peace Lantern

Image Credit: FGS Xiang Yun Temple 佛光山香雲寺 FB Page

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Every year for the Lunar New Year, Xiang Yun Temple holds a Peace Lantern exhibition. This exhibit aims to bring light and compassion into the hearts of viewers. The lamps will illuminate your path and bring peace and happiness.

When: Saturday, January 18, 2025 | Until February 28, 2025
Where: Fo Guang Shang Xiang Yun Temple, 6720 N Capital of Texas Hwy, Austin, TX 78731
How Much: Free


Families can honor the life of Dr. Martin Luther King with storytime, crafts, and a kids’ march.

You can register at the Dunbar Heritage Museum Association site.

When: Saturday, January 18, 2025 | 10:30 am – 1:30 pm

How Much: Free

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The Nightmare After Christmas Ball

Halloween and Christmas might be over but you can still experience Halloween Town and party like it never left!

For two days, you’ll get to step into Tim Burton’s whimsical world of the two best holidays.

Day one is all for adults. Dress up, see the immersive and spooky decor, meet characters, and explore the art exhibit: Comic Con Vol 3, and listen to love music.

Day two, kids are invited! On top of meeting characters and admiring the decor, families can participate in activities, arts and crafts, and watch The Nightmare Before Christmas to end the night.

When: Saturday, January 18, 2025 | 8 pm – 11:55 pm
Where: RichesArt Gallert, 2511 E 6th St unit A, Austin, TX 78702
How Much: $20-$100

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Snow Day 2025: Frosty Fun Fest

Snow Day 2025: Frosty Fun FestSnow Day 2025: Frosty Fun Fest

Image credit: Science Mill Facebook

While Texas is not a winter wonderland, you can still have an epic snow day at the Science Mill! They’ll have real snow and a flurry of science activities!

Check out the full list of their games and activities on their page.

When: Saturday, January 18, 2025 | 10 am – 2 pm
Where: Science Mill, 101 S Lady Bird Ln, Johnson City, TX 78636
How Much: $12.00 per Adult; $10.00 per Senior 65+; $10.50 per Youth; Members are free — enter the code SNOWFALL membership will be validated upon check-in*

To get these updates delivered directly to your feed, give us a follow on Facebook by clicking the …next to the search lens icon.

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  • Fun Events in Austin Today, Saturday, the 18th of January, 2025 – January 18, 2025
  • Fun Events in Austin Today, Friday, the 17th of January, 2025 – January 17, 2025
  • Fun Events in Austin Today, Sunday, the 12th of January, 2025 – January 12, 2025





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Austin, TX

Hays cancels school Tuesday ahead of possible icy weather. Here’s list of closures, delays

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Hays cancels school Tuesday ahead of possible icy weather. Here’s list of closures, delays


Ahead of predicted icy weather next week, the Hays school district preemptively canceled classes Tuesday.

Temperatures in the Austin area are expected to plunge to the low 20s, and to the teens in some areas, Monday night into Tuesday morning with a 56% chance of snow in the forecast, according to the National Weather Service.

Central Texas school districts are closed Monday for Martin Luther King Jr. Day, but Hays officials on Friday decided to announce the district’s plan to close on Tuesday as well because of the weather, spokesman Tim Savoy said.

“Our district’s corporate weather service has high confidence that we will receive snow on Tuesday,” Savoy said. “Exactly how much snow is still an uncertainty, but it is anticipated to be enough to accumulate.”

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District officials will continue to monitor the weather next week to determine whether students and staff members will be able to return to school Wednesday, Savoy said.

Meteorologists at the weather service are forecasting, with increasing confidence, a wintry mix of precipitation Monday night into Tuesday. They also expect wind chills in the high teens in the Austin area.

This is a developing story, please check back for updates on school closures and delays.

Is my school district closed due to inclement weather?

  • Austin — classes as normal
  • Bastrop — classes as normal
  • Burnet — classes as normal
  • Del Valle — classes as normal
  • Dripping Springs — classes as normal
  • Eanes — classes as normal
  • Elgin — classes as normal
  • Georgetown — classes as normal
  • Hays — school canceled Tuesday
  • Hutto — classes as normal
  • Johnson City — classes as normal
  • Lago Vista — classes as normal
  • Lake Travis — classes as normal
  • Leander — classes as normal
  • Liberty Hill — classes as normal
  • Manor — classes as normal
  • Marble Falls — classes as normal
  • Pflugerville — classes as normal
  • Round Rock — classes as normal
  • San Marcos — classes as normal
  • Wimberley — classes as normal



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Winter weather preparations at AUS

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Winter weather preparations at AUS


In the aviation industry, winter poses unique challenges for airlines and airports. The season can be intense, with a wintry mix of wind, snow, and ice, affecting all forms of travel. This demands meticulous preparation and coordination between the airport, FAA, airlines, and other partners, with one goal in mind: ensure a safe and efficient operation on the ground and in the sky.

 

At Austin-Bergstrom International Airport (AUS), the Department of Aviation is responsible for making sure the airport property, like roadways, runways, and the terminal itself, are prepped and ready to welcome people and planes.

While airlines are responsible for de-icing their aircraft, our teams prepare for and respond to ice accumulation that leads to slippery walkways, roadways, runways, and any other impacts to the airport infrastructure.

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Here’s a look at what goes on behind the scenes to maintain the integrity of our airport infrastructure during a winter weather event at AUS:

Ready, set, snow

Once the weather forecast is delivered, usually by the National Weather Service, the AUS Emergency Management team begins prepping and sending out the news for situational awareness among the Department of Aviation. As the weather develops, this team continues to deliver timely and important updates that typically include the expected dates and timeframes of the weather, temperatures, potential risks for personnel/airport operations, freezing patterns, safety tips, and more. This helps key teams like our maintenance teams (Building, Airline, and Airside!), Airside Operations, Terminal Operations, and Guest Services divisions understand what to prepare for.

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Runway brr-owsing

While the Department receives these updates, our around-the-clock Airside Operations team is inside and outside of the airport getting down to business.

Here’s what they do:

  • Monitor the weather conditions that lead to notices and spreading critical information to teams across the airport.
  • Generate reports of the condition of airport runways, taxiways, and aprons, which pilots use to make informed decisions about their landing and takeoff procedures.
  • Assess the temperature of our runways.
  • Inspect the runways and taxiways for snow and ice accumulation.
  • Respond to reports by the arriving pilots about braking on the airfield – if braking is ranked lowed by pilots, within a certain threshold, the runway is closed and the Airside Operations team goes out to inspect it for ice and friction.
  • Coordinate the deployment of resources when multiple areas of the airside area are affected.
  • Lastly, this team ultimately holds the authority to issue a Notice to Air Mission (NOTAM) that would close the airfield due to safety concerns about managing the severe weather.

One thing super important to know is that it is *very rare* to issue a runway closure. The most recent time this happened, and the only time in recent memory, was due to over 6 inches of actual snow – not just ice – accumulation on the runways during Winter Storm Uri in 2021.

Since then, we’ve invested in dedicated snow removal equipment to keep at least one of our two runways open for flights.

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Sn-overnight stay at AUS

During these events, there is a “home base” for employees on the landside and airside teams (and other teams as needed) to stay the night if the weather is bad; there are “bunk rooms” with beds, chargers, and closets. There are also cots and pillows for when those bunk rooms are full. These are the folks tending to the runways, taxiways, roadways, and elevated surfaces used by staff and the public, and of course, need a place to rest without having to get on dangerous roadways. The airport also has sleeping arrangements for passengers in the terminal, should they be stranded.

 

De-ice, ice, baby

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Members from our various Maintenance teams deploy when ice accumulates on the airfield and landside. They tend to the affected, icy area by applying a de-icing chemical known as E 36. Our teams can’t prevent ice from accumulating on the runways or other surfaces; their job is to quickly respond to the ice once it starts to accumulate.

Ice that accumulates on the runways and taxiways as well as ice that accumulates on the airplanes need to be addressed as soon as it occurs, otherwise, it could be dangerous. It’s worth mentioning that the airport is only responsible for de-icing the airfield (runways and taxiways) and roadways, while the airlines are responsible for de-icing the aircraft with their own de-icing chemicals and equipment that they store on-site. AUS is also responsible for applying “Dolomite,” which is a carbon-based mineral anti-icing agent, and sand to roadways and elevated surfaces to create traction and reduce slipping.

Our airport deploys two, very large liquid dispensing trucks to areas (designated by priority, with the runway at the top) to apply a de-icing chemical E 36. The amount of de-icing chemical depends on the severity of the ice accumulation, but typically, hundreds of gallons are applied to the area and that application process is repeated. We hope it gives you great relief to know that our teams have enough de-icing chemicals for the next few years – and since the chemical itself doesn’t have a shelf life and won’t freeze, it’s easy to get a lot of it, store it and then apply it whenever and wherever it’s needed.

As our Maintenance teams are applying the de-icing chemical, our Environmental Affairs team is keeping a close eye on the application of the E 36 to make sure excess fluid is handled properly and to flag for the Maintenance teams if too much E 36 is being used.

In the unlikely, but not impossible, event that our airport receives snow, we have snow removal equipment to plow and remove snow from runways, taxiways, roadways, and more.

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Icy conditions? We’re still flyin’ high

The most common question we get during winter weather events is understandably, “is the airport still open??” and the answer is more than likely going to be an emphatic “Yes!” paired with “…but check with your airline for the latest flight information”. Your airline is always going to have the most updated information regarding your flight’s status and how winter weather here in Austin, or in other parts of their route network, may change your flight schedule.

Now that you know what goes on behind the scenes and how our teams prep and respond to ice (and even the rare, uncharacteristic Central Texas snow), we hope you can rest easily knowing that there is a team of hardworking airport professionals working around the clock to keep our airport infrastructure open and ready for you, your airline and your flight.



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