Texas Abortion Law: Death Penalty For Women?

In May 2024, the Texas GOP proposed a platform that appeared to call for women who get abortions to face the death penalty. The proposal, which was voted on by Republican delegates, included a proclamation that abortion is not healthcare, it is homicide. In Texas, capital murder is punishable by the death penalty. However, it is important to note that the Texas abortion law does not create a criminal cause of action against the mother or parent. The law explicitly prohibits prosecuting a pregnant patient who undergoes an abortion. Instead, criminal penalties related to providing abortions are targeted at the person performing the abortion or anyone aiding the procedure.

Texas Republicans are considering the death penalty for women who get abortions

Texas Republicans are considering a proposal that could potentially see women who get abortions facing the death penalty. The proposal, which was voted on by Republican Party of Texas delegates on Saturday 25 May 2024, includes a proclamation that "abortion is not healthcare, it is homicide".

In Texas, capital murder is punishable by the death penalty or life in prison without parole. However, it is unclear what the implications of the proposal would be for women seeking abortions. Abortion bans typically target abortion providers for punishment, not patients. Nevertheless, Texas lawmakers have repeatedly introduced bills that would institute the death penalty for women who have abortions, although these have stalled in the state legislature.

The proposal also calls for new laws to require Christianity and the Bible to be taught in public schools and proclaims that gender-affirming care for children is "child abuse".

The Texas abortion law, which came into effect on 25 August 2022, prohibits physicians from performing abortions once a fetal heartbeat is detected, which is usually around six weeks into a pregnancy. The law does not create a criminal cause of action against the mother or parent, but anyone who provided or aided in her abortion is open to criminal prosecution.

Texas abortion law does not prosecute women but does prosecute doctors

In May 2024, the Texas GOP proposed a platform that appeared to call for women who get abortions to face the death penalty. The proposal, voted on by Republican delegates, included a proclamation that "abortion is not healthcare, it is homicide". It also called for legislation to secure "equal protection of the laws for all preborn children from the moment of fertilization".

However, it is important to note that the Texas abortion law does not prosecute women but does prosecute doctors. The proposal, which is in line with the beliefs of abortion abolitionists, a hardline segment of the anti-abortion movement, does not explicitly mention abortion patients. Typically, abortion bans target abortion providers for punishment, not patients. While the proposal suggests striking a state law that protects abortion providers from being charged with homicide, it does not specify whether women who seek abortions would be exempt from punishment.

The Texas abortion bill, House Bill 896, introduced in the Texas House Judiciary and Civil Jurisprudence Committee, would remove the exception in the penal code for criminal homicide that applies to women and medical professionals, allowing them to be charged with the murder of an unborn child. This bill, introduced by Republican Rep. Tony Tinderholt, has been opposed by Democrats on the committee, who have called out the hypocrisy of subjecting a woman to the death penalty for abortion. Tinderholt has defended the bill, stating that it does not specifically target women and that he is equalizing the law so that everyone that is culpable or takes part in what I call murder... can be punished.

The bill has faced opposition from those who argue that it is unconstitutional due to federal judicial precedent set by Roe v. Wade, which affirmed the legality of a woman's right to have an abortion. Despite the controversy, the bill has not progressed further, and the committee chairman, Republican Rep. Jeff Leach, has stated that he will not allow a bill that targets women with civil or criminal liability to advance.

Texas abortion law allows almost anyone to sue

In 2021, Texas passed a "bounty law" that provides a reward of at least $10,000 to plaintiffs who successfully sue someone who "aids or abets" abortion. The law also allows any private citizen to sue for $10,000, plus court costs and attorney fees. This means that almost anyone can sue over an abortion in Texas, including medical personnel, family members or friends who help pay for the procedure, pharmacists, and ride-share drivers who drive a patient to a clinic.

The Texas abortion law does not allow for the prosecution or suing of women who receive abortions. However, anyone who provided or aided a woman in receiving an abortion can be open to criminal prosecution or civil lawsuits. This has raised concerns that the law will have a chilling effect on people seeking abortions and those who assist them, even if some lawsuits are not legally sound.

For example, in 2023, a Texas man sued his ex-wife's friends for allegedly helping her obtain abortion pills. The case was eventually dropped, but it sparked fears that it would intimidate people from helping others get abortions. The man was represented by Jonathan Mitchell, the lawyer who masterminded the Texas bounty law.

The Texas abortion law has been controversial, with some characterizing it as a "Snitch State" that encourages Americans to monitor each other's behavior and report friends, family members, and neighbors to the authorities. This has been compared to the Red Scare in the 1940s and '50s, when the federal government's attempts to block Soviet espionage metastasized into a national panic, and dozens of states passed laws criminalizing speech deemed subversive.

While the Texas abortion law does not give women the death penalty, it has sparked debates and concerns about the role of the state in monitoring and controlling reproductive rights and the potential for intimidation and coercion.

Texas abortion law does not allow prosecution for abortions outside of Texas

The Texas abortion law, enacted in 2022, prohibits almost all abortions in the state. While the law does not explicitly state any exceptions, abortions are allowed if the pregnant person's life is at risk or they face "substantial impairment of a major bodily function". In such cases, the law stipulates that a licensed physician must perform the abortion and attempt to save the life of the fetus unless doing so increases the risk to the pregnant person.

Despite the strict abortion laws in Texas, it is important to emphasize that the Texas abortion law does not allow for the prosecution of women who obtain abortions outside of Texas. The law specifically states that the penalties for violating abortion restrictions do not apply to the patient who receives an abortion. This means that women who travel to another state to get an abortion are not subject to criminal prosecution under Texas law.

The focus of the Texas abortion law is on penalizing those who perform or aid in abortions within the state. Doctors and healthcare professionals who provide abortions can face criminal charges, with the offense ranging from a first-degree to a second-degree felony. Additionally, they may have their licenses or permits revoked and be subject to civil penalties of at least $100,000, plus attorney's fees and court costs.

While there have been proposals and attempts to criminalize women who receive abortions, these have not been successful. The mainstream anti-abortion movement typically supports exempting women seeking abortions from punishment, recognizing that punishing women is a politically toxic stance.

In summary, while the Texas abortion law imposes stringent restrictions and penalties for abortions performed within the state, it does not allow for the prosecution of women who obtain abortions outside of Texas. The law specifically exempts the patient who receives an abortion from any legal consequences.

Texas abortion law does not allow prosecution of rape, sexual assault, or incest survivors

The Texas abortion law does not allow for the prosecution of women who have had abortions, nor does it allow for the prosecution of doctors who have performed abortions in the case of medical emergencies. The law states that "a woman who meets the medical-necessity exception need not seek a court order to obtain an abortion".

The Texas abortion law does, however, allow for the prosecution of doctors who perform abortions. Under the law, doctors who perform abortions can be charged with a second-degree felony, which can be increased to a first-degree felony if the unborn child dies. This carries a potential sentence of five to 99 years in prison, as well as administrative penalties such as the mandatory revocation of a medical, nursing, or pharmacy license.

The law also allows for civil lawsuits to be brought against doctors and anyone who aids a woman in obtaining an abortion, such as a family member, friend, pharmacist, or driver. These civil lawsuits can result in a penalty of $10,000, as well as court costs and attorney fees.

While the Texas abortion law does not explicitly mention rape, sexual assault, or incest, it is important to note that there are no exceptions to the law for these cases. This means that survivors of rape, sexual assault, or incest who obtain abortions could potentially face civil lawsuits, and anyone who aids them in obtaining an abortion could be subject to criminal prosecution or civil lawsuits. However, it is important to note that the perpetrator of rape, sexual assault, or incest cannot sue the survivor or anyone who provided assistance.

In conclusion, while the Texas abortion law does not explicitly mention rape, sexual assault, or incest, the lack of exceptions for these cases could potentially impact survivors who obtain abortions. However, it is important to note that the law does not allow for the prosecution of women who have had abortions and includes protections for doctors in cases of medical emergencies.

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