NRL News
202.626.8824
dadandrusk@aol.com

21 states challenge Trump Administration Restoration of Title X Regulations to Separate Family Planning from Abortion

Mar 5, 2019

By Dave Andrusko

Last month, National Right to Life congratulated the Trump Administration for issuing a final HHS rule to restore–emphasis on restore–Title X family planning regulations to prohibit grantees from co-locating with abortion clinics, or from referring clients for abortion.

Nothing to do with cutting family planning money—none was cut—but everything to do with ensuring that health facilities receiving Title X funds do not perform or promote abortion as a method of family planning.

So, it was only a matter of time before a coalition of 21 states—California filing a separate lawsuit from the other 20 states—would take the new rule to court.

On Monday California Attorney General Xavier Becerra held a press conference along with (guess who?) Planned Parenthood. “The Trump-Pence administration has doubled down on its attacks on women’s health,” Becerra said in typical pro-abortion understatement.

“Oregon Attorney General Ellen Rosenblum (D) separately announced Monday that she would lead 20 states and the District of Columbia in filing a national lawsuit against the rule on Tuesday,” The Hill newspaper reported.

The basic criticism—beyond the pro-forma criticism of the Trump Administration—was that it would be cumbersome and expensive not to co-house abortion and family planning facilities.

What is absolutely fascinating, of course, is that the U.S. Supreme Court found similar regulations permissible 28 years ago in its 1991 Rust v. Sullivan decision. There were clear reasons why the High Court upheld the regulations.

When Congress created Title X in 1970, it was to be a preventative family planning program. Congress wrote language into the statute to ensure the program did not directly–or indirectly–promote abortion.

Then came Roe v. Wade and pro-abortion administrations. At first Title X grantees were permitted, then required, to routinely refer all pregnant women regarding abortion as a “pregnancy management option.” For all practical purposes, some Title X grantees treated abortion as “a method of family planning,” despite the statutory prohibition. In a word the original language had become a dead letter.

Then came the Reagan Administration. With National Right to Life’s strong support, regulations were issued to restore the original character of Title X. Abortion referrals were prohibited except in life endangering circumstances. Additionally, abortion facilities could not generally share the same location with a Title X site.

The new directive that is being challenged is scheduled to take effect in 60 days. Organizations receiving Title X funding, which include, including the biggest one, Planned Parenthood, have 120 days to financially separate their family planning and abortion operations. They have one year to physically separate their family planning and abortion operations.

Categories: Abortion Funding
Tags: abortion