Legislation

Current National and Texas abortion Laws

Roe v Wade

Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision by the United States Supreme Court that legalized abortion in America via the right to privacy under the Due Process clause of the 14th Amendment. The ruling reaffirmed that people have the constitutional right to terminate their pregnancies. F.R.E.E. supports the right to abortion and considers abortion a social good. Another case Planned Parenthood v. Casey, provided the term undue burden. According to the plurality dissent, an undue burden has "'the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.' An undue burden is found even where a statute purports to further the interest of potential life or another valid state interest, if it places a substantial obstacle in the path of a woman's fundamental right to choice." Roe v Wade is currently at risk of being overturned in the Supreme Court because of anti-abortion laws like SB8 in Texas.

SB8

Senate Bill 8, or SB8 is a horrifying anti-abortion law passed as of September 1st, 2021 in Texas. This law prohibits abortion after 6 weeks, before most people even know they are pregnant. Combined with other laws in Texas, this acts to further restrict abortion and has disproportionate effects on low-income Texans. This law also directly targets abortion supporters and providers with legal action by allowing whistleblowers to report those trying to help members of their community. However, abortion providers, abortion funds, and supportive community members still help Texans in need access abortion. We will not stop helping Texans seek abortions, and we will not stop fighting for SB8 to be overturned. Currently, abortion funds in Texas are also covering travel funds for those past 6 weeks so they can seek an abortion in a neighboring state like Louisiana or Oklahoma.

Other abortion restrictions in Texas

Texas requires patients to have two appointments for a legal abortion: the first to get the ultrasound, and the second for the procedure. Both appointments must be at the same facility, and you must wait 24 hours after receiving the sonogram and state-mandated paperwork. This 24-hour period can be waived if you live 100 miles or more from the nearest abortion provider. Under SB8, you must also get a second ultrasound at your procedure appointment to ensure you are less than 6 weeks pregnant. During the first appointment, a doctor is required to provide you with a sonogram and a pamphlet with medically inaccurate propaganda promoted by anti-abortion groups and politicians. Texas law also requires the doctor performing your sonogram to display images, make any "heartbeat" audible, and verbally explain the results of the sonogram. You can choose not to view the sonogram or hear the audio.

Texas also requires minors to have parental permission for an abortion, unless the minor is legally emancipated or experiencing a medical emergency. However, minors can also seek judicial bypass of this provision, with the help of organizations like Jane's Due Process which provides free legal services for minors seeking abortions.

Texas law bans insurers from including coverage for abortion in a comprehensive health insurance plan and requires clients to purchase separate coverage for abortion care. Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment or severely compromised physical health.

Texas law requires abortion clinics to meet unnecessary and burdensome standards related to their physical location, equipment, and staffing.

Our representatives in BCS

Congressman Pete Sessions, U.S. Congressional District 17

Representative John Raney, Texas House District 14

Senator Charles Schwertner, Texas Senate District 5

Ms. Audrey Young, State Board of Education District 8

Senator John Cornyn, U.S. Senate

Senator Ted Cruz, U.S. Senate

Currently, many Texas Legislature Seats are up for election, including Comptroller, Governor, and Commissioner of Land and Agriculture. Stay tuned for updates after the latest election is finished.

Proposed legislation

EACH Woman Act

The EACH Woman Act is the result of long-standing efforts led by women of color to counter the injustice and discrimination of the Hyde Amendment. The bill would restore abortion coverage for people who use Medicaid and other federal programs. The bill would also prohibit states and the federal government from interfering in private insurance coverage of abortion, including in the health insurance marketplaces established under the Affordable Care Act (ACA). On March 12, 2019 Reps. Barbara Lee (D-CA), Jan Schakowsky (D-IL) and Diana DeGette (D-CO) reintroduced the Equal Access to Abortion Coverage in Health Insurance (EACH Woman) Act along with 106 cosponsors. For the first time, the bill was also introduced in the Senate by lead sponsor Sen. Tammy Duckworth (D-IL) and a group of original cosponsors including Sens. Patty Murray (D-WA), Mazie Hirono (D-HI) and Kamala Harris (D-CA).