The Sixth U.S. Circuit Court of Appeals upheld a district court’s decision that the state was not eligible for the funds provided by the family planning program, Title X, unless it complied with the rules.
The three-judge panel rejected Tennessee’s argument that the federal rules infringe on its state sovereignty, saying that the state cannot use its abortion ban to “dictate eligibility requirements” for Title X grants.
“The 2021 Rule makes no reference to incorporating state law and does not limit compliance with its requirements to the procedure available within a given state,” the 31-page ruling stated.
“And Tennessee was free to voluntarily relinquish the grants for any reason, especially if it determined that the requirements would violate its state laws,” the ruling said, adding that the state “voluntarily and knowingly accepted its grant conditions.”
The court panel also stated that there was no indication that Tennessee would lose its Title X program because of the lack of federal funding. According to the ruling, the Tennessee Legislature allocated $7 million to the state’s Title X project, an amount it would otherwise have received from the federal government.
“Because this suggests that Tennessee’s family planning program will continue to be funded—at least in the near-term—Tennessee’s arguments that it will lose its program based on a lack of federal funding amount to speculation,” it stated.
The Epoch Times has reached out to Tennessee Attorney General Jonathan Skrmetti’s office for comment.
The legal battle, initiated on Oct. 24, 2023, sought to overturn HHS’s decision, alleging that it violated federal law and constitutional rights and that it reflected arbitrary decision-making by HHS.
Title X is a federal program that provides funding for family planning and related health services. The state of Tennessee has been a longstanding participant in this program, receiving about $7 million annually to support public health initiatives.
In March 2023, HHS informed Tennessee health officials that the state was out of Title X compliance because of its policy barring clinics from providing information on abortion options that weren’t legal in the state.
The state defended its policy and refused to back down, causing the federal government to declare that continuing to provide Tennessee’s Title X money was “not in the best interest of the government.”
