Texas legislature expands scope of abortion exceptions
Despite progress, there are still many looming threats to abortion rights in Texas and the situation is still oppressive of reproductive rights.
The Texas legislature just passed a bill that expands protections for and provides training to doctors who perform abortions in life-threatening situations.
Known as the "Life of the Mother Act," it clarifies when abortions are permitted in Texas to save the mother's life or prevent serious impairment of a major bodily function. It was passed on Thursday and is expected to be signed into law by Governor Greg Abbott. The bill requires the state bar to develop an education program by January 2026, focusing on updated abortion laws and medical emergencies.
Amy Bresnen, a lawyer and lobbyist who has been involved in legal reform efforts around Texas abortion laws, spoke to me once again about the success and where things need to go insofar as regulations and reproductive rights are concerned.
“It feels really great,” Bresnen said. “But at the same time, obviously, Texas has a long way to go, and so do we.”
The bill had been read on Tuesday.
Bresnen described a conservative movement that was divided. Some were abortion abolitionists who thought women should be prosecuted for getting abortions. Others believed that a woman’s future fertility shouldn’t be a concern when deciding whether to perform an abortion. Most supported some form of reform, though.
The state now needs to educate doctors about the updated definitions of medical emergency and what reasonable medical judgment means. The latter term came from the Zurawski v. Texas decision, when the state supreme court held that the language in state abortion laws allowing abortions when the life of the mother is threatened was constitutional and adequate to protect the health of the patient.
The state supreme court judges wrote in the majority opinion that the burden is the State’s to prove that no reasonable physician would have concluded that the mother had a life-threatening physical condition that placed her at risk of death or of substantial impairment of a major bodily function unless the abortion was performed.
It was a deferential opinion insofar as placing the burden of proof on the state to show that no other doctor would have performed an abortion in those hypothetical situations.
Bresnen emphasized the importance of proper education to minimize anti-abortion bias. She also mentioned the passage of SB 33, which prohibits government entities from aiding out-of-state abortions, and the potential threat of SB 2880, known as the "pill bill." Bresnen stressed the need for electoral politics to address these issues and encouraged women in red states to engage with their medical communities.
Politically, Bresnen said it was much easier to work with organizations on both sides that were based in Texas. She said that national organizations, such as the antiabortion Alliance Defending Freedom and even pro-choice ones like the Center for Reproductive Rights, made it more difficult.
“I know that's probably the most Texas thing ever to be like, ‘Y'all stay out of Texas,’ but it never really has a great effect,” Bresnen said.
Senate Bill 33, which prohibits government entities from aiding out-of-state abortions, also passed. It prohibits a governmental entity from providing child care for someone who is traveling out of state to get an abortion.
In April, the state of Texas sued the city of San Antonio over its establishment of an abortion fund. San Antonio officials appropriated $100,000 to its Reproductive Justice Fund, which paid for women to travel out of state for abortions. Lawyers for Texas contended that it would violate Senate Bill 33, stipulating that public funds can’t be used for that purpose.
Senate Bill 8, known as the Texas Heartbeat Act, is the current law governing abortions in Texas. It prohibits abortions past the sixth week and relies on civil lawsuits to enforce itself. The biggest looming threat to abortion rights in Texas is SB 2880, known as the "pill bill."
It calls for punishments of up to life in prison for assisting or funding abortions, including those out of state. If a person provides information on abortion, they could be sued for $100,000 for each violation.
“It's like SB8 on steroids,” Bresnen said.
I’ll follow the development of that bill going forward.