Texas’s Abortion Law, All Your Questions Answered.
I wanted to write this article because, like many of us, I’m shocked about what is going on in Texas and other parts of this country regarding women’s rights, especially our reproductive rights. I will always stand by the fact that I don’t think it’s anyone’s right and or place to tell me what I can and can’t do with my own body. And to be honest, I don’t see the benefit in forcing a pregnancy upon anyone just because the guy didn’t pull out fast enough, the condom broke, your birth control didn’t work, or you had a momentary lapse in judgment.
However, when it came to this topic politically, I only knew the general picture of this subject. If I was going to fight against this complete disregard for women’s rights, I knew I needed to educate myself more. So I took a deep dive into research, and here is what I found.
Now, this topic is vast so I won’t dive into a dissertation, but there are links about this law found in all of the following sections in which I empower you to look further into. Below will give you an overall picture but educate yourself with the links I provided and do some research! Remember, knowledge is power.
Here we go!
What exactly does Roe v. Wade say?
Roe v. Wade was a 1973 lawsuit challenging Texas abortion laws. The Supreme Court decided that abortion falls under women’s privacy rights. This right of privacy is taken from the Due Process Clause of the Fourteenth Amendment. It was also determined that being forced to continue a pregnancy puts women at risk for physical and mental health problems, financial burdens, and social stigma.
Texas defendants argued that life is created at conception, and a fetus is a "person" protected by the 14th Amendment. The Court determined that "the unborn have never been recognized in the law as persons in the whole sense." The case decision also brought about different views on when life begins. For the Jewish faith, life begins at birth; for the Catholic faith, life begins at conception, while the doctor's views vary. The Court decided it was not up to them to determine when life begins stating, "[W]e do not agree that, by adopting one theory of life, Texas may override the rights of the pregnant woman that are at stake."
However, a framework was created to balance state interests and women's privacy rights that divided pregnancy into three 12-week trimesters.
During a pregnant woman's first trimester, the Court held, a state cannot regulate abortion beyond requiring that the procedure be performed by a licensed doctor in medically safe conditions.
During the second trimester, the Court held that a state might regulate abortion if the regulations are reasonably related to the pregnant woman's health.
During the third trimester of pregnancy, the state's interest in protecting the potential human life outweighs the woman's right to privacy. As a result, the state may prohibit abortions unless an abortion is necessary to save the life or health of the mother.
Roe v. Wade did NOT “legalize abortion” what it did was change the way states can regulate abortion and made it so that it was covered under constitutional rights of privacy.
What exactly does the new Texas Abortion law say?
I went through the actual bill, also called “The Texas Heartbeat Act” or “SB 8,” to get the exact verbiage used. Please feel free to read it yourself here.
“a physician may not knowingly perform or induce an abortion on a pregnant woman unless the physician has determined, in accordance with this section, whether the woman's unborn child has a detectable fetal heartbeat. Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who: (1) performs or induces an abortion in violation of this subchapter; (2) knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter; If a claimant prevails in an action brought under this section, the court shall award: (1) injunctive relief sufficient to prevent the defendant from violating this subchapter or engaging in acts that aid or abet violations of this subchapter; (2) statutory damages in an amount of not less than $10,000 for each abortion that the defendant performed or induced in violation of this subchapter, and for each abortion performed or induced in violation of this subchapter that the defendant aided or abetted; and (3) costs and attorney's fees.
If legal stuff is too much to take in, this law says that if a fetal heartbeat can be detected, this usually occurs around 6 weeks, a doctor can not under the law conduct the abortion.
This law means that anyone, which means doctors, those giving you money to get an abortion, someone taking you to get an abortion, your friend waiting for you after your abortion, literally anyone who knows you are having an abortion can be sued for no less than $10,000 plus attorney fees—instinctively deputizing anyone, even people who have nothing to do with you, to snitch on you and potentially get a lot of money from it. Under this law you cannot sue the person pregnant. IMPORTANT, an “officer or employee of a state or local governmental entity in this state” is NOT allowed to sue.
Ok, the law isn’t “outlawing” abortions, just abortions after 6 weeks.
So out of curiosity, on average, when do women know they are pregnant?
In a study conducted by the US National Library of Medicine National Institutes of Health, when speaking of “Trends in Timing of Pregnancy Awareness Among US Women,” they reported that,
“Among all pregnancies reported, gestational age at the time of pregnancy awareness was 5.5 weeks.”
So yeah, the new Texas law may not have entirely made abortion illegal, but considering that women have no clue they are pregnant till 5.5 weeks, that leaves only a few days to make a complex, life-impacting decision. That is, of course, if you can get in to see a doctor who can confirm if you are pregnant because, yes, false positives exist. Or maybe consider the fact that you are a person with an irregular period or you take birth control, so you may not be aware you’re pregnant because missing a period or having it a few weeks off isn’t abnormal.
How did this law make it past the Supreme Court?
When I found this shit out…let me say that’s some problematic behavior these justices pulled. I’m going to give you a synopsis, but I HIGHLY recommend listening to this episode of “The Daily” by the New York Times because you get a full, detailed view of what happened.
The Texas abortion law isn’t that out of the ordinary regarding abortion laws lead by other Republican majority states. These laws try to make it illegal to have abortions after 6 to 15 weeks and are always get struck down by federal courts because they go against Roe v. Wade. What makes this Texas abortion law different is a feature designed to avoid judicial review that makes sure federal judges can’t strike it down.
Typically when you challenge an abortion law, you sue the government officials in charge of enforcing the law (governor, attorney general, etc.). However, with this Texas abortion law, government officials are not allowed to enforce the law. Instead, regular, everyday people are deputized to enforce the law by suing anyone they think is involved in an abortion (after 6 weeks) and incentivizing them with $10,000 if they sue and win. This makes it hard for abortion providers to figure out who to sue to stop the law since regular people aren’t government officials; it doesn’t matter that the law is unconstitutional. When the Governor of Texas signed the abortion law to go into effect, in contrast, abortion providers went to court to sue every judge and court clerk in the state of Texas. Their thinking was, these judges and court clerks would be the governmental officials in charge of these civil lawsuits brought on by private citizens.
However, the question for the courts was, “Are these judges and clerks the right people to sue?” A federal judge said, “yes,” and scheduled a hearing to issue a preliminary injunction to halt this new abortion law. It goes to the appeals court, and they freeze the hearing to the point where the law will soon come into effect, which then brings in the Supreme Court. Abortion providers file an emergency application asking the Supreme Court to block this new abortion law. Now emergency applications happen fast, are not usual cases, and only take days to review, not the month’s other issues take. Everyone expected to hear from the Supreme Court before the new Texas law took effect on September 1st, but that didn’t happen. A day after the law took effect, the Supreme Court issued a decision, a 5 to 4 in the majority opinion unsigned. Stating that they are not determining the constitutionality of this new abortion law, but that they cannot stop anyone from doing anything because they don’t know the proper government official to sue. After all, no government officials are enforcing the law, only private citizens. Therefore, abortion providers haven’t made their case, and they’re going to let this law come into effect.
I know many of you are wondering, ok, but it’s unconstitutional; how the f*ck is this even an argument we are having? The answer is technical and straightforward; the case brought to the Supreme Court was not about whether the new abortion law violates the constitution. The case brought to them was whether or not every judge and court clerk in Texas were the proper government officials to sue. The Supreme Court didn’t think so, so the law passed.
WTF…So this is happening.
Who are the women Affected by this new law?
An issue brief done in August 2018 by Advancing New Standards in Reproduction Health on socioeconomic outcomes of women who receive and women who are denied wanted abortions found that women seeking abortions already experience financial hardships, with half of them falling below the federal income poverty line.
Three-quarters reported not having enough money for basic living expenses. The study also states that women denied abortions are more likely to be enrolled in government-funded programs like Temporary Assistance for Needy Families, food assistance programs, Women, Infants, and Children (WIC) than women who received abortions.
This makes me wonder, since abortion laws tend to be associated with those on the conservative side of politics, I wonder why they are shooting themselves in the foot? Since they are also the group that preaches for people to provide for themselves and stop relying so heavily on the government.
Who is benefiting from these abortion laws?
I spent a lot of time digging for this information, trying to find a direct link to things, but as with most things concerning politics, it gets confusing quickly. This article found on Brennan Center for Justice suggests we “follow the money.” I can’t say I’m surprised because it’s not like this law will benefit the mother or the child if women seeking abortions are already struggling to survive. Author, Ciara Torres-Spelliscy, makes the argument that corporate dollars fund anti-abortion lawmakers. It is an interesting read and made me think that maybe the only people benefiting from abortion laws are the actual politicians themselves. Since abortion is a hot-button issue in elections, it can also come with an extensive campaign donation check from either side of the debate. They are all trying to get elected or re-elected, and we know that’s not cheap.
I would also consider reading this article on Religious News Service about a pro-life woman who turned pro-choice after asking, “Who benefits from these abortion laws?” She even talks about many of those seeking abortions are also very religious and feel that they can’t speak about it. She also gave some insight on progressive members of the church who are fighting for a woman’s right to choose.
What is currently being done about this new Texas abortion law?
Attorney General Merrick Garland said the Justice Department would "protect those seeking to obtain or provide reproductive health services" under a federal law known as the Freedom of Access to Clinic Entrances Act. This act prohibits the use of force or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provided reproductive health services.
Uber and Lyft are offering to cover legal fees for drivers sued under the new Texas abortion law.
Austin-based company, Bumble, has started a relief fund supporting women's reproductive rights and those across the gender spectrum who are seeking abortions in Texas.
GoDaddy took down a site that allowed people to post tips on others receiving abortions.
How can you help the fight?
There are many ways to help the one primary way is, of course, to donate. I've included two different sites where there is a whole lists of places that can use your help.
If donating is not an option, reach out to abortion clinics and see what they need, or support via social media, or spread the word and encourage those tough conversations.
What does the future hold for abortion laws?
Since this law passed, many other states are looking to follow suit and design their abortion laws to mirror that of Texas. In an article written by Politico, they outline the States and Governors following in the footsteps of Texas with one common theme, Republican governors with 2024 ambition. Here is just a peek at what they wrote.
South Dakota Gov. KRISTI NOEM is directing attorneys in her state office to review Texas’ law in order “to make sure we have the strongest pro-life laws on the books.”
Florida Gov. RON DESANTIS said his state would have to “look more significantly” at how Texas handled it, adding: “I welcome pro-life legislation,” he said. “What they did in Texas was interesting.”
Arkansas Gov. ASA HUTCHINSON hailed the Supreme Court’s non-intervention on Texas’ law as a “procedural victory” for abortion opponents. He’s already signed a “heartbeat bill” into law that a judge blocked — and in the wake of the court’s non-intervention with Texas, the original sponsor of that bill is planning to update it to “mirror the Texas SB8 bill.”
And don’t forget Gov. GREG ABBOTT, who signed the Texas bill into law, is also rumored to have aspirations for the Republican nomination.
Resources:
Roe v. Wade Case Summary: What You Need to Know
Roe v. Wade, 410 U.S. 113 (1973)
The Daily: How Texas Banned Almost All Abortions
Advancing New Standards In Reproductive Health
Follow the Money Behind Anti-Abortion Laws
The real question is: Who benefits from Texas’ new abortion law?
In wake of Texas law, DOJ says it will protect abortion providers and seekers
20 Organizations Fighting the Texas Abortion Ban
These companies are pushing back against the Texas abortion law
POLITICO Playbook: Texas abortion law becomes a GOP ’24 litmus test