Appeals court rejects Tennessee’s attempt to access family planning funding with abortion restriction

A recent federal appeals court decision rejected Tennessee’s efforts to receive millions in family planning funds without adhering to federal rules that require clinics to give abortion referrals, considering the state’s current ban on the procedure.
Last year, Tennessee’s Attorney General, Jonathan Skrmetti, filed a federal lawsuit challenging the U.S. Department of Health and Human Services’ decision to deny the state money from the Title X family planning program. A district court previously ruled that Tennessee was unlikely to succeed and the state appealed.
In 2021, the Biden administration mandated that clinics receiving Title X funds must provide information about abortion. Skrmetti argued that HHS did not clarify how this rule would apply in states with abortion bans following the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022.
The 6th U.S. Circuit Court of Appeals ruled on Monday that Tennessee couldn’t use its abortion ban law to set eligibility requirements for Title X funding. This ruling means Tennessee will not regain its Title X funding while the legal battle continues.
The appeals court stated that the state had the choice to decline the funds and mentioned that the Tennessee Legislature approved using state funds to replace the lost federal dollars.
Tennessee has been receiving Title X funding since 1970, obtaining about $7.1 million yearly to support nearly 100 clinics in offering birth control and basic health services to low-income women, particularly from minority communities.
The clinics are prohibited from using federal family planning funds for abortions but must provide information on abortion upon request from the patient. Tennessee forbids abortion at all stages of pregnancy except for specific circumstances.
In March 2023, HHS notified Tennessee that it was not complying with Title X due to its policy preventing clinics from discussing pregnancy termination options not permitted in the state, effectively banning discussions on elective abortions. The state maintained its stance, leading the federal government to redirect Tennessee’s Title X funds to Planned Parenthood clinics in the state, the primary provider of abortions in the nation.