Tennessee Challenges Federal Government for Withholding Family Planning Funds Over Abortion Referrals
Tennessee’s Attorney General Jonathan Skrmetti has filed a complaint against the federal government in an effort to reclaim millions of dollars in family planning funds that have been withheld from the state. The dispute revolves around Tennessee’s refusal to comply with federal rules that require clinics to provide abortion referrals, citing the state’s ban on the procedure. Skrmetti argues that the federal government is politicizing women’s health by withholding these funds.
The U.S. Department of Health and Human Services (HHS) decision to withhold the funds has left Tennessee disqualified from receiving millions of dollars through the Title X family planning program. For over 50 years, Tennessee has been a recipient of these funds, which have been used to support nearly 100 clinics that provide birth control and basic healthcare services, mainly to low-income women and minority communities.
The Title X program has become entangled in the ongoing debate surrounding abortion access. Earlier this year, the Biden administration lifted a ban on abortion referrals imposed by the previous administration. However, clinics that accept Title X funds are still prohibited from using the money to pay for abortions. They are required, however, to provide information about abortion to patients upon request.
Tennessee’s position on abortion has been further complicated by the Supreme Court’s decision to overturn Roe v. Wade, which has allowed Republican-led states like Tennessee to enforce abortion bans. The lawsuit filed by Tennessee alleges that HHS failed to clarify how its 2021 rule would apply in states with abortion restrictions.
In March, HHS informed Tennessee health officials that the state was not in compliance with Title X because of its policy prohibiting clinics from providing information on pregnancy termination options that are not legal in the state. Tennessee defended its policy and refused to back down, prompting the federal government to declare that continuing to provide Title X funds to the state was not in its best interest.
As a result, HHS announced in September that Tennessee’s Title X funds would be redirected to Planned Parenthood, the nation’s leading provider of abortions, which would then distribute the funds to its Tennessee clinics. Tennessee Governor Bill Lee criticized this decision, accusing the federal government of withholding money from families in order to support a radical political organization.
In response, Skrmetti’s office has filed a lawsuit seeking the reinstatement of Tennessee’s Title X funds and challenging HHS’s authority to withhold funds based on a state’s abortion ban. The state also seeks clarity on whether it needs to use its own funds to replace the federal portion.
Tennessee’s actions echo a growing trend of states rejecting federal funding in order to avoid compliance with regulations pertaining to various contentious issues, including LGBTQ+ rights and abortion access. Already this year, Tennessee has rejected federal funds for an HIV prevention and treatment program and is considering cutting off almost $1.8 billion in federal education dollars. Advocates argue that Tennessee has sufficient revenue to cover the federal funding and that doing so would provide the state with more flexibility in addressing these issues.
The lawsuit filed by Tennessee reflects the state’s determination to protect its stance on abortion and prioritize the well-being of its residents. As legal proceedings unfold, it remains to be seen how the courts will decide on this contentious issue that has implications for women’s healthcare and state-federal relations.
