Multiple States Sues Trump Admin. Over Gag Rule Limiting Access to Family Planning Services

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A coalition of 21 State Attorneys General filed a lawsuit against the Trump Administration challenging the constitutionality of a new “gag rule” limiting access to family planning services.

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This month, the Department of Health and Human Services (HHS) released its final rule to amend the regulations governing the Title X family planning program.

The HHS’ final rule imposes new restrictions on Title X family planning program participants, thus many considers it a gag rule.

The current regulations governing Title X family planning program guarantees access to high-quality family planning services nationwide. It allows Title X health care providers provide non-directive counselling in all legal options relating to pregnancy.

Non-directive pregnancy counselling includes neutral, factual, accurate, and complete information about prenatal care and delivery, infant care, foster care, adoption, and abortion (if requested by a patient).

Under the agency’s gag rule, Title X funding will not support any program in which abortion is a method of family planning. Title X health care providers cannot provide non-directive abortion counselling and referral to patients.

Allegations against Trump Administration, HHS

The States of Oregon, Oregon, New York, Colorado, Connecticut, Delaware, District of Columbia, Hawai‘i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Pennsylvania, Rhode Island, Vermont, Virginia, and Wisconsin alleged that the HHS’ gag rule violates the U.S. Constitution.