Texas Abortion Law: Who's In Support?

Texas's abortion laws are some of the most restrictive in the country. The state prohibits physicians from performing abortions once a fetal heartbeat is detected, which is usually around six weeks into a pregnancy. This law, known as the Texas Heartbeat Act or SB 8, was passed in May 2021 and went into effect on September 1, 2021. The law also allows any private citizen to sue anyone who performs or aids in an abortion for $10,000, as well as court costs and attorney fees.

While there are some exceptions to the law, such as in the case of an ectopic pregnancy or if the pregnant patient's water breaks too early, abortion is largely banned in Texas. This has led to dangerous delays in care for women with complicated pregnancies and confusion among medical professionals about what constitutes an exception. The law has also had a significant impact on abortion providers, with many declining to offer abortion services for fear of prosecution.

The Texas abortion law has sparked heated debates and legal challenges across the nation. Some people support the law because they believe abortion is murder and that the state has a right to protect unborn children. Others oppose it because they believe it violates a woman's right to privacy and restricts her access to safe and legal abortion services.

The Texas Heartbeat Act

The bill does not state a specific stage of pregnancy after which a physician cannot perform an abortion. Instead, the bill prohibits a doctor from providing an abortion after the detection of a "fetal heartbeat", which usually appears around 6 weeks into a pregnancy.

The Act came into effect on 1 September 2021 and has faced several legal challenges, none of which have been successful to date.

The Rationale Behind the Law

At the core of the Act is the idea that as soon as a fetal heartbeat can be detected, the fetus should be considered a person and afforded rights and protections. The sound of the heartbeat is thought to define humanity and therefore justifies a protection of rights.

Problems with the Act

The Act has been criticised for its ability to:

• Undermine a woman's autonomy to decide whether to continue with a pregnancy beyond a narrow gestational limit
• Deny access to an in-demand and evidence-based health service
• Increase the likelihood of self-managed abortions
• Lead to intimidation through establishing a vigilante system
• Undermine medical expertise

Supporters of the Act

The Act was passed in May 2021 and was signed by Texas Governor, Greg Abbott, who said:

> "Our creator endowed us with the right to life and yet millions of children lose their right to life every year because of abortion. In Texas, we work to save those lives."

One of the largest groups of women who strongly tend to oppose legal abortion in the United States is southern white evangelical Christians.

The Texas trigger law

Violations of the Texas trigger law are punishable by up to life in prison and a minimum civil penalty of $100,000, in addition to any other civil liabilities. The law also stipulates that the medical license or permit of a physician or healthcare professional in violation of the law will be revoked.

The Texas Heartbeat Bill

One of the primary criticisms of the Texas Heartbeat Bill is its impact on women's autonomy and reproductive rights. By banning abortions after six weeks, the bill effectively denies women the ability to make informed choices about their pregnancies, particularly in cases of fetal abnormalities or health complications. The narrow gestational limit set by the bill often falls before women are even aware of their pregnancy, and even if they are, they may not be able to obtain an abortion within the permissible timeframe. This limitation on access to abortion services is further exacerbated by the closure of abortion clinics in Texas, leading to increased travel distances and financial constraints for women seeking abortions.

In addition to the ethical concerns, the Texas Heartbeat Bill has been criticized for its potential to intimidate healthcare professionals and establish a vigilante system. The threat of litigation may discourage doctors from acting in the best interests of their patients, especially in ambiguous situations that do not clearly fall within the medical emergency exception. The broad framing of the bill could potentially impact not only healthcare professionals but also support staff, family members, friends, and even transportation providers who assist women in obtaining abortions.

The Texas abortion law's criminal prosecutions

Texas's abortion laws have sparked heated debates and legal challenges across the nation. The state's abortion laws continue to be challenged and are subject to various court rulings.

Criminal Prosecutions

The Texas abortion law makes it a second-degree felony to "perform, induce, or attempt an abortion." The penalty is increased to a first-degree felony if the unborn child dies due to the offense. Performing or aiding an abortion resulting in the unborn child's death is a first-degree felony punishable by five to 99 years in prison. Under the law, administrative penalties include the mandatory revocation of a medical, nursing, or pharmacy license. The statute also allows the Texas attorney general to seek a civil penalty of at least $100,000, plus attorney's fees and costs.

The Texas abortion law does not create a criminal cause of action against the mother or parent. It does, however, create a criminal cause of action against doctors. The woman who had the abortion cannot be prosecuted, but anyone who provided or aided in her abortion is open to criminal prosecution.

Who Can Be Prosecuted?

Anyone who performs or aids an abortion or intends to perform or aid an abortion could be criminally prosecuted under the Texas abortion law. Although a person receiving an abortion cannot be prosecuted under the law, anyone who helps the person have an abortion can be. Among those who could be sued under Texas abortion law include:

• Medical personnel, including doctors and nurses
• A family member or friend who helps pay for the procedure
• A pharmacist who sells abortion medication
• Anyone who hands a medication abortion pill to another person
• Anyone who drives the patient to a clinic or the place of the abortion

Who Can Prosecute?

Texas district attorneys can criminally prosecute abortions. However, other DA offices across the state, including in Dallas, Austin, and San Antonio, have publicly announced they would refrain from prosecuting.

Exceptions

The Texas abortion law criminalizes performing an abortion from the moment of fertilization unless the pregnant patient faces "a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy." There is no exception for rape or incest. However, there are some exceptions for medical emergencies, such as ectopic pregnancies or pregnancies that are unsafe for the mother.

The Texas abortion law's exceptions

The Texas abortion law, enacted in 2022, prohibits almost all abortions. However, there are certain exceptions to this law that allow abortions in specific circumstances. Here are the details regarding the exceptions to the Texas abortion law:

Licensed Physician Requirement:

A licensed physician must perform the abortion for the exception to apply. This means that only qualified medical professionals are authorised to carry out the procedure in these exceptional cases.

Life-Threatening Condition:

The pregnant patient must be facing a life-threatening condition and be at risk of death or "substantial impairment of a major bodily function" if the abortion is not performed. This exception is intended to protect the life and health of the pregnant patient when continuing the pregnancy would pose a significant risk.

Fetal Viability:

The law also requires the physician to try to save the life of the fetus unless doing so would increase the risk of the pregnant patient's death or impairment. This exception acknowledges the potential viability of the fetus and attempts to balance the rights of the unborn child with the health and safety of the pregnant patient.

Ectopic Pregnancy and Early Water Break:

In August 2023, an additional exception was included in the law, allowing doctors to provide abortions in cases of ectopic pregnancy or if a pregnant patient's water breaks too early, rendering the fetus non-viable.

Lack of Clarity and Rejection of Clarification:

However, it is important to note that the Texas abortion law is written ambiguously, and life-threatening or harmful pregnancies do not explicitly constitute an exception. Attempts to clarify and codify these exceptions into law have been rejected by Republican lawmakers in Texas. This ambiguity has resulted in uncertainty and challenges for both medical professionals and pregnant individuals.

No Exception for Rape or Incest:

It is important to highlight that the Texas abortion law does not make any exceptions for pregnancies resulting from rape or incest. This means that abortions are not permitted in these circumstances, even if the pregnant individual wishes to terminate the pregnancy.

Impact on Pregnant Women:

The lack of clear exceptions in the Texas abortion law has had significant consequences. Pregnant women with health complications have been forced to leave the state or give birth while jeopardising their health. The law places them in a difficult position, where they must choose between their own well-being and complying with the restrictions.

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