Texas Passes Controversial Abortion Law

By Emily Rivera

On Sept. 1, 2021, the Texas Heartbeat Act, which bans abortions as soon as the cardiac activity of a fetus is detected, was put into effect after Texas lawmakers passed it in May 2021.

Abortions are banned as early as six weeks when most women and occasional partners aren’t even aware of their pregnancy. Many attempts have been made to ban abortions nationwide since the 1973 Supreme Court decision in Roe v. Wade. The Supreme Court declared in Roe v. Wade that the Due Process Clause of the Fourteenth Amendment protects a woman’s right to have an abortion under their right to privacy. The Texas lawmakers, however, made sure people would not be able to use Roe v. Wade as a legal defense. Under the Texas Heartbeat Ban, the patient cannot be sued themselves, but anyone who aids in or provides an abortion can be sued for $10,000. Abortion funders, workers, and insurance companies that decrease the price of an abortion can also be sued. More people who fall under this criteria are those who give referrals, logistic support, or transportation to an abortion.

Whole Women’s Health has been attempting to get interference from the Supreme Court and has made progress recently. Abortion provider Whole Women’s Health and the Department of Justice have made arguments about the constitutionality of the law and the rights of a pregnant woman’s right to healthcare. With that in mind, the Supreme Court seems to be having second thoughts and leaning towards allowing abortion providers to challenge the law. Whether the law is constitutional or not, there has been something elsepressing on people’s minds. Numerous women have spoken about the effect the ban has on them and their health.

“We are already dealing with a mental health crisis in America,” said Brittany, a business development consultant, told Glamour. “To add this layer of distress to women of childbearing years is taking away a decision that should be ours and ours alone.¨ This is a prime example of how a lot of women feel that this ban is taking away their choices, and their rights to do what they want with their own bodies. The ban especially impacts people mentally, emotionally, and physically with their worryness of not having a choice.

On the other side of the spectrum, many religious leaders believe the ban is the right thing to do to save a human life. “This is a tremendous victory,” Elizabeth Graham, vice president of Texas Right to Life, told the Washington Post. “We hope that pregnant women will have all the resources they need to be empowered to choose life. We are celebrating this and thanking God for the blessing of this law.” There are certainly many women and men who are rejoicing about the ban and hoping that it sticks.

There is a better chance now that the Texas Heartbeat Act will be challenged in the Supreme Court, which will have the ultimate say on whether the law is constitutional.