The federal appeals court has ruled against Tennessee’s attempt to collect family planning funds without providing abortion referrals due to its ban on the procedure. Last year, the state’s Attorney General filed a complaint seeking to overturn the decision disqualifying the state from receiving Title X funds. The court determined Tennessee was unlikely to succeed and the state appealed. The Biden administration’s rule requiring clinics that accept Title X funds to offer abortion information was a point of contention for Tennessee, as the state argued they were not informed how the rule applies in states with abortion bans.
The 6th U.S. Circuit Court of Appeals ruled that Tennessee cannot use its abortion ban law to dictate eligibility requirements for Title X funding. The state was not obligated to accept the money and could choose to relinquish it, as the legislature approved replacing lost federal funds with state funding. Tennessee has been a Title X program recipient since 1970, receiving $7.1 million annually to help low-income women access birth control and health care services.
HHS found Tennessee out of compliance with Title X due to its policy prohibiting clinics from providing information on abortion options not legal in the state. Planned Parenthood will largely receive Tennessee’s Title X funds to distribute to its clinics. This decision has raised concerns about essential sexual and reproductive health care services being jeopardized by political decisions. Planned Parenthood’s CEO in Tennessee and North Mississippi criticized the state’s failure to comply with all-options counseling, accusing them of playing politics with people’s bodies.
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