Austin, TX
5th Circuit upholds TX law requiring minors to obtain parental consent for contraception
AUSTIN, Texas — 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.”
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.
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.
“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.
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/.
Austin, TX
Texas commission on law enforcement head testifies in Austin, creates controversy
AUSTIN, Texas (KTRK) — Does the state of Texas have too many law enforcement agencies? That was a topic of discussion at a Texas House Committee meeting on May 28, which focused on police standards and policy.
It was comments from TCOLE Deputy Chief TJ Vineyard that drew the attention of unions and lobbying groups representing law enforcement across Texas.
“We’re starting to look now at encouraging the consolidation of agencies,” Vineyard said during the nearly eight-hour-long hearing.
The response was almost immediate from groups representing various aspects of law enforcement.
One social media post on Facebook from the Texas Law Enforcement Association proclaimed concern about the future of smaller departments across the state, despite an exchange later in the hearing between the committee chair, State Representative Cole Hefner, and TCOLE’s Executive Director, Chief Gregory Stevens.
“We’re not taking police off the street?” Hefner asked. “We’re making sure that we have qualified people that are equipped and trained.”
“One hundred percent,” Stevens said.
According to TCOLE’s own numbers, there are more than 2,700 accredited agencies and some 83,000 peace officers.
The chair asked whether 2,700 was a good or bad thing, given that Texas has more agencies than the next four largest states combined.
“There is a lot of duplicative coverage,” Stevens said, “overlapping coverage. When it comes to resources, it can be inefficient.”
Also speaking on the panel was Jennifer Szimanski with the Combined Law Enforcement Associations of Texas (CLEAT), which also posted on social media about the hearing. While the group wouldn’t comment directly about consolidation, Szimanski told ABC13 that “consolidation is not the legislative intent for TCOLE” and that “we should be forward-looking and raising standards”.
But in a conversation with ABC13, Stevens said targeting smaller departments is not their intent. TCOLE wants every department, regardless of size, to comply with the higher standards implemented in 2023.
“Some of the things that are out there surfing out across social media and on other platforms is that TCOLE wants to shut down small agencies and let sheriff’s offices take over, and that’s absolutely not true. It couldn’t be further from what we’re doing,” Stevens said. “It doesn’t matter about the size of the agencies, and I want to be really clear on that point. TECOL is not out to shut down or to make life hard on a small municipal agency, a school district, police department, or what have you.”
But the larger conversation is not limited to the state of Texas.
Harris County is home to more than 60 agencies. In the last major study on overlap in 2018, Rice University’s Kinder Institute found that consolidation could help address inefficiencies. Kyle Shelton, now at the University of Minnesota, co-authored the report eight years ago.
“It’s really just an opportunity to look at how regional governments, which are often overlapping, best coordinate and collaborate on the services that they’re providing,” Shelton told ABC13.
Whether it’s Harris County or the state of Texas, the cost of funding and maintaining law enforcement agencies is getting more expensive. While consolidation may not be the answer, it is part of a conversation in which Kyle Shelton says governments should be engaging.
“It’s not a quick band-aid to pull off and say, ‘Hey, look, we fixed the budget crisis, or, you know, addressed some efficiencies here in a nice, neat three-month process,” Shelton said. “You know, it likely takes years and a lot of trust building, both with residents and the agencies.”
Texas does have more law enforcement agencies than the next four largest states combined, according to TCOLE.
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Austin, TX
Texas Pride events 2026: Parades, festivals and more happening this June
AUSTIN, Texas – Pride Month is celebrated each June.
It marks the anniversary of the Stonewall uprising that started in late June 1969. The protests are seen as a turning point in the modern LGBTQ+ rights movement. It inspired marches across the country in the years that followed.
More than a dozen cities and towns across Texas are celebrating with everything from parades to festivals to concerts and more.
A Pride flag is seen held up in a crowd during preparation for a Queer March to the Texas State Capitol on April 15, 2023 in Austin, Texas. (Brandon Bell / Getty Images)
Here’s a look at some of the dates and places Pride events are happening around the Lone Star State this month:
Austin also has a Pride celebration, but it is scheduled for Aug. 22.
The Source: Information in this story came from various sources, including official websites for events. AI was used to help assemble the list of events.
Austin, TX
UC Santa Barbara Baseball Drops 6-4 Nailbiter to Texas at Austin Regional Final
Red-hot Rowan Kelly came to the plate with the bases loaded in the bottom of the ninth inning with a chance to extend the Gauchos season, but a thrilling comeback was not to be.
The UC Santa Barbara baseball team battled to the end, but fell to host Texas 6-4 in the Austin Regional final on Sunday afternoon.
“I think our guys gave a really good effort,” Checketts said. “Kellan’s start was outstanding, set the tone for us, gave us a shot. We came up short against a very good baseball team.”
UC Santa Barbara (40-20) held the lead through six innings behind a strong start from pitcher Kellan Montgomery and continued offensive production from Kelly. However, Texas (43-13), the tournament’s No. 6 national seed, scored four runs over the final three innings to secure the victory and advance.
Montgomery, a Santa Barbara native, delivered one of his strongest outings of the season. The right-hander retired the Longhorns in order in the first inning and held Texas scoreless through five innings while allowing only a handful of baserunners. Kelly provided early offense with a solo home run in the first inning, his second home run of the day after homering earlier against Tarleton State.
“I think just trusting myself and the guys behind me. The last couple outings haven’t really been what I wanted, so just not making it anything bigger than it is,” Montgomery said. “This is my first time in playoff baseball, so I’m just trying to enjoy every moment with a really special group. It was just trusting myself and the seven guys behind me.”
Texas broke through in the sixth inning, loading the bases before a sacrifice fly by Adrian Rodriguez and a two-out single by Ethan Mendoza drove in two runs and gave the Longhorns their first lead of the game at 2-1. Relief pitcher Van Froling entered and recorded the final out of the inning.
The Gauchos responded immediately in the bottom half. Consecutive walks by Liam Barrett and Kelly set the stage for a sacrifice bunt attempt by William Vasseur that resulted in multiple Texas throwing errors. Barrett scored on the initial errant throw, while Kelly later crossed the plate after another misplay, giving UC Santa Barbara a 3-2 advantage.
Texas regained control in the seventh inning. After a runner’s lane interference call erased a potential scoring play, Aiden Robbins hit a two-run home run four pitches later to move the Longhorns back in front. Texas added two more runs in the eighth, including one on an RBI double and another following a failed pickoff attempt, extending its lead to 6-3.
UC Santa Barbara narrowed the deficit in the bottom of the eighth. Kelly doubled off the top of the left-field wall and later scored as the Gauchos cut the lead to two runs. The inning ended with the potential go-ahead run still at the plate.
The Gauchos mounted one final threat in the ninth. Xavier Esquer and Cole Kosciusko opened the inning with singles, and a hit batter loaded the bases with two outs. Kelly came to the plate with the tying run in scoring position, prompting Texas to make a pitching change.But Longhorn starting pitcher Luke Harrison made a rare relief appearance to record the final out and preserve the victory.
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