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Abortion in Texas is illegal in most cases. A
trigger law A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs. United States Abortion In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, No ...
has been in effect since August 25, 2022, which bans
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
in all cases except to save the life of the mother. On September 1, 2021, abortion became illegal in Texas in cases where embryonic cardiac activity can be detected. Before this, elective abortions were allowed up to 20 weeks post-fertilization. In addition to measures passed by the
Texas Legislature The Texas Legislature is the state legislature of the US state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a powerful ...
, there have been anti-abortion efforts at the local level, with 30 Texas cities banning abortion. When the abortion legislation was introduced as
Senate Bill 8 The Texas Heartbeat Act, Senate Bill 8 (SB 8), is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect ...
, abortion providers described it as a ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' ban on abortions, as it covers abortion once "cardiac activity" in the embryo can be detected, which is earlier than when most women know that they are pregnant. The only exception for abortions past six weeks is in response to medical emergencies. The law makes no exception for pregnancies resulting from rape or
incest Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
. The law can only be enforced through private lawsuits. The constitutionality of SB 8 is a matter of intense legal controversy. As of September 2021, several legal challenges were pending in state and federal courts. As of December 2021, medication abortions are permitted only up to seven weeks and the patient must be examined and receive the medication in-person. Effective July 24, 2022, abortion was outlawed in Texas following the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decision ''
Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', , is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both ''R ...
'', which overturned the landmark ruling, ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' and gave the states the option to outlaw abortion. The State of Texas had a
trigger law A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs. United States Abortion In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, No ...
in place that would automatically ban all abortions in Texas 30 days after ''Roe v. Wade'' was overturned. The only scenario where abortion is permitted is to save the life of a pregnant woman. The state however decided to enforce pre-''Roe'' statutes instead. As of August 25, 2022, the trigger law is in effect as well. Abortion is decriminalized in the Texas cities of
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
,
Dallas Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...
, Denton,
El Paso El Paso (; "the pass") is a city in and the seat of El Paso County in the western corner of the U.S. state of Texas. The 2020 population of the city from the U.S. Census Bureau was 678,815, making it the 23rd-largest city in the U.S., the s ...
, and
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...
.


Terminology

Reflecting its nature and legislative intent, the
Texas Heartbeat Act The Texas Heartbeat Act, Senate Bill 8 (SB 8), is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect ...
uses the term "unborn child" for the fetus or embryo irrespective of the gestational phase in the definition section: "'Unborn child' means a human fetus or embryo in any stage of gestation from fertilization until birth." Texas Health and Safety Code Sec. 171.201(7).


History


Political support

One of the largest groups of women opposing legal abortion in the United States is southern white evangelical Christians. A 2019 study found that the implementation of restrictive abortion laws in 2014 increased the number of second-trimester abortions by restricting women's access to abortion services.


Legislative history

By the end of the 1800s, every state in the Union except
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
had therapeutic exceptions in their legislative bans on abortions. In the 19th century, bans on abortion by state legislatures were concerned with protecting the life of the mother, given the number of deaths caused by abortions. State governments saw themselves as looking out for the lives of their citizens. In 1854, Texas passed an abortion law that made performing an abortion, except in the case of preserving the life of the mother, a criminal offense punishable by two to five years in prison. The law, found in Articles 4512.1 to 4512.4, had a provision stipulating that anyone who provided medication or other means to assist in performing an abortion was an accomplice who could also be charged.


1990s

Following the US Supreme Court ruling in ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' in 1973, the State of Texas decided not to repeal abortion laws on the books that had become unconstitutional and unenforceable. A law passed in 1992 said that only Texas-licensed physicians could perform an abortion in the state. A law passed in 1997 gave physicians, nurses, health care provider employees and hospital employees who objected to abortions the ability to refuse to participate directly or indirectly in the procedure. Private hospitals were allowed to refuse the use of their facilities to provide abortion services unless a physician determined that the pregnant woman's life was in immediate danger. Twenty-one abortion-related bills were introduced in the Texas legislature in 1997. Five were eventually enacted: TX SB 407 (1997), TX SB 1534 (1997), TX HB 1 (1997), YX HB 39 (1997), and TX HB 2856 (1997). TX SB 86 (1997) reached a floor vote but did not pass. TX SB 407 allowed for the
Texas Department of Health Texas Department of State Health Services is a state agency of Texas. The department was created by House Bill 2292 of the 78th Texas Legislature in 2003 through the merging of four state agencies: the Texas Department of Health, Texas Department ...
to suspend the license of an abortion facility if the health and safety of people using the facility were threatened. This bill was introduced by Senator Chris Harris on February 5, 1997, and passed on February 18, 1997, by a voice vote. It then continued to the House, where it passed by a voice vote on April 18, 1997, before being signed into law by Governor
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
on May 1, 1997. TX SB 1534 dealt with funding, stating that no state funding could be used to support, either directly or indirectly, abortion or abortion-related issues. Introduced by Democratic Senator
Gonzalo Barrientos Gonzalo Barrientos Jr. (born 20 July 1941) is a former Democratic member of the Texas Senate representing the 14th District from 1985 to 2007. He was also a member of the Texas House of Representatives The Texas House of Representatives is t ...
on March 20, 1997, the wording about abortion was only added to the legislation during negotiations between the House and the Senate, with the amended version passing both houses in mid-May 1997. TX HB1 said that funds allocated for the Department of Health for
family planning Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marita ...
services could not be used by the Department of Health or any organizations it provides money to in support of abortion services, either directly or indirectly. This included a proviso that said this was organization-wide, not just as it relates to specific facilities. Representatives Republican McCall, Democrat
Leticia Van de Putte Leticia Rosa Magdalena Aguilar Van de Putte ( San Miguel; born December 6, 1954) is an American politician from San Antonio, Texas. She represented the 26th District in the Texas Senate from 1999–2015. From 1991 to 1999, Van de Putte was a me ...
, Democrat Gray, Democrat Greenberg and Republican Solomons introduced TX HB39 on January 28, 1997. Originally only about
genetic testing Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
with no mention of abortion, the legislation was amended by the Senate, stating that genetic testing of a fetus could not be done on the fetus without the consent of the mother and that the results of any subsequent genetic testing could not be used to compel or coerce a woman into getting an abortion, including having an insurance company threaten the eligibility of health care coverage. These changes were then passed by the House and the bill was signed into law by Governor Bush on June 20, 1997. TX HB 2856 put in new requirements for
abortion clinic Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnan ...
s, inspection procedures of clinics and a clinic's ability to advertise. It said the
Texas Department of Health Texas Department of State Health Services is a state agency of Texas. The department was created by House Bill 2292 of the 78th Texas Legislature in 2003 through the merging of four state agencies: the Texas Department of Health, Texas Department ...
had to assign each licensed abortion clinic a unique number, clinics needed to have this number in any advertising materials and created a toll-free number people could call to check the status of a clinic's license. Information on the toll-free number had to be provided to women seeking abortion services by the facility offering them at the time of appointment. This law underwent some changes before being passed by voice vote in the House on May 13, 1997, and by a vote of 31 - 0 in the Senate on May 26, 1997. It was signed into law by Governor Bush on June 19, 1997. TX SB 96 reached a floor vote but was eventually removed from consideration following a point of order on May 27, 1997. It would have required minors seeking abortions without parental consent to have the procedure first approved by a physician not located at an abortion clinic certifying the need for the abortion because of physical, sexual or emotional harm caused by continuing the pregnancy. It would have also required minors to wait 48 hours before being able to have an abortion after their physician contacts their parents to notify the parents of approval for the procedure.


2000s

Texas passed a statute requiring parental notification in the early 2000s. This law resulted in a 21% increase in 17-year-old girls seeking abortions in the second trimester. In 2003, the legislature passed a law that required all abortions after 16 weeks take place in an
outpatient surgery Outpatient surgery, also known as ambulatory surgery, day surgery, day case surgery, or same-day surgery, is surgery that does not require an overnight hospital stay.The International Association for Ambulatory Surgery (IAAS) would not consider al ...
center and required a 24-hour waiting period before women could get an abortion. Clinics were also required to give women a "Woman's Right to Know" pamphlet which included factually incorrect medical information. In 2005, the 79th Legislature enacted several laws related to abortion. One was a
parental consent Parental consent laws (also known as parental involvement laws) in some countries require that one or more parents consent to or be notified before their minor child can legally engage in certain activities. Parental consent may refer to: *A pa ...
law. They also passed a "late-term" abortion ban. Other laws dealt with the funding aspects of abortion and family planning, trying to prevent funds for women's
reproductive health Sexual and reproductive health (SRH) is a field of research, healthcare, and social activism that explores the health of an individual's reproductive system and sexual wellbeing during all stages of their life. The term can also be further de ...
from going to organizations that provided information about abortions or provided abortion services. Texas was one of 23 states in 2007 to have detailed abortion-specific
informed consent Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...
requirements. Statute-required informed consent materials given to women in Texas used graphic and inflammatory language. The law also required the woman to be told how far advanced her pregnancy was. Texas was among states to have passed laws requiring abortion providers to warn patients of a link between abortion and breast cancer and to issue other scientifically unsupported warnings. Informed consent materials given to women seeking abortions in Texas include counseling materials claiming women who have abortions may have suicidal thoughts or experience "post-abortion traumatic stress syndrome." The latter syndrome is not recognized by
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
or the
American Psychiatric Association The American Psychiatric Association (APA) is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the largest psychiatric organization in the world. It has more than 37,000 members are involve ...
. Informed consent materials about fetal pain in Texas say the ability of the fetus to feel pain does not exist until 20 weeks, before concluding that it is unknown if a
fetus A fetus or foetus (; plural fetuses, feti, foetuses, or foeti) is the unborn offspring that develops from an animal embryo. Following embryonic development the fetal stage of development takes place. In human prenatal development, fetal deve ...
can feel pain at 12 weeks. The legislature tried to pass a "
mandatory ultrasound Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in ''Roe v. Wade'' recognized a constitutional right to obtain an abortion without excessive government r ...
" bill but it failed to pass in 2007.


2010s

As of March 2012, 20 states required women seeking an abortion to have an
ultrasound Ultrasound is sound waves with frequency, frequencies higher than the upper audible limit of human hearing range, hearing. Ultrasound is not different from "normal" (audible) sound in its physical properties, except that humans cannot hea ...
before being allowed to have the procedure. Mandatory
transvaginal ultrasound Vaginal ultrasonography is a medical ultrasonography that applies an ultrasound transducer (or "probe") in the vagina to visualize organs within the pelvic cavity. It is also called transvaginal ultrasonography because the ultrasound waves go ''a ...
s have been particularly controversial. In Texas, for instance, even if previous ultrasounds had indicated severe
birth defect A birth defect, also known as a congenital disorder, is an abnormal condition that is present at birth regardless of its cause. Birth defects may result in disabilities that may be physical, intellectual, or developmental. The disabilities can ...
s, a woman seeking an abortion was required under a 2012 law to have another ultrasound done, "administered by her abortion doctor, and he had tolisten to a state-mandated description of the fetus she was about to abort", though state-issued guidelines later eliminated the ultrasound requirement if the fetus had an "irreversible medical condition". In 2013, a state Targeted Regulation of Abortion Providers (TRAP) law was applied to medication-induced abortions and private doctor offices. An early pregnancy abortion bill was previously introduced in Texas by Representative Phil King on July 18, 2013, in the wake of
Rick Perry James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 and as the 47th governor of Texas from 2000 to 2015. Perry also ran unsuccessfully for the Republica ...
signing
Texas Senate Bill 5 Texas House Bill 2 (HB2) is a bill within the Eighty-third Texas Legislature, first introduced into the Texas Senate as Texas Senate Bill 5 (SB5) on June 11, 2013, related to abortion rights within the state. Among provisions include banning abortio ...
into law. The bill was not passed. Supporters of Texas Senate Bill 5, which included requirements for abortion clinics to meet ambulatory surgical center regulations and for abortion clinic doctors to have hospital admitting privileges, said the bill improved health care for women and babies. Opponents of the bill said it created unnecessary regulations for the purpose of reducing access to abortions. At the time of the bill's signing into law in 2013, only five of the state's forty-two abortion clinics met the law's requirements. Courts had blocked the enforcement of similar laws in some other states, pending lawsuits challenging their constitutionality. A federal district judge determined this law to be unconstitutional, finding that the admitting privileges requirement placed an undue burden on a person seeking to have an abortion; however, this decision was reversed by the
Fifth Circuit Court of Appeals The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
, resulting in the immediate closure of all but seven abortion clinics in the state, all of these in urban areas. For patients in Texas's
Rio Grande Valley The Lower Rio Grande Valley ( es, Valle del Río Grande), commonly known as the Rio Grande Valley or locally as the Valley or RGV, is a region spanning the border of Texas and Mexico located in a floodplain of the Rio Grande near its mouth. The ...
, the nearest clinic was 300 miles away. While cities like
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
passed legislation to require
Crisis Pregnancy Centers A crisis pregnancy center (CPC), sometimes called a pregnancy resource center (PRC) or a pro-life pregnancy center, is a type of nonprofit organization established by anti-abortion groups primarily to persuade pregnant women against having an ab ...
(CPCs) to disclose their status and that they did not offer abortion services, organizations representing the CPCs have been successful in courts challenging these laws, principally on the argument that forcing the CPCs to post such language violated their
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
rights and constituted
compelled speech Compelled speech is a transmission of expression required by law. A related legal concept is ''protected speech''. Just as freedom of speech protects free expression, in many cases it similarly protects an individual from being required to utter o ...
. While previous attempts at regulating CPCs in Baltimore and other cities were based on having signage that informed the patient that the CPC did not offer abortion-related services, the FACT Act instead makes the patient aware of state-sponsored services that are available rather than what the CPCs did or did not offer. The law went into effect January 1, 2016. In 2017, Texas was one of six states where the legislature introduced a bill that would have banned abortion in almost all cases. It did not pass. Among those who believe that abortion is murder, some believe it may be appropriate to punish it with death. While attempts to criminalize abortion generally focus on the doctor, Texas state Rep.
Tony Tinderholt Tony Dale Tinderholt (born August 13, 1970) is a Republican member of the Texas House of Representatives from Arlington, Texas. On January 13, 2015, Tinderholt succeeded Diane Patrick, a four-term representative whom he unseated in the Republic ...
(R) introduced a bill in 2017 and 2019 that may enable the death penalty in Texas for women who have abortions, and the Ohio legislature considered a similar bill in 2018. On February 7, 2019,
Briscoe Cain Briscoe Cain (born December 9, 1984) is an American attorney and Republican member of the Texas House of Representatives for District 128. Early life and education Briscoe grew up in Deer Park, Texas, a suburb of Houston located in Harris Cou ...
, a member of the
Texas House of Representatives The Texas House of Representatives is the lower house of the bicameral Texas Legislature. It consists of 150 members who are elected from single-member districts for two-year terms. As of the 2010 United States census, each member represents abou ...
, introduced an early pregnancy abortion bill entitled the Texas Heartbeat Bill. The bill (HB 1500) was joint authored by Representatives Phil King, Dan Flynn,
Tan Parker Nathaniel Willis "Tan" Parker IV (born May 22, 1971) is a businessman and Republican politician who has served in the Texas Senate, representing the 12th district since 2023. He served in the Texas House of Representatives from 2007 to 2023. H ...
, and Rick Miller. As of February 26, 2019, HB 1500 had 57 sponsors or cosponsors of the 150 members of the Texas House of Representatives. Former State Senator Wendy Davis said HB 1500 is "the most dangerous I've ever seen." In 2019, Texas had some of the most restrictive abortion laws in the country. In mid-May 2019, because of judicial rulings, abortion was effectively banned after week 22. On June 7, 2019, Texas Governor
Greg Abbott Gregory Wayne Abbott (born November 13, 1957) is an American politician, attorney, and former jurist serving as the 48th governor of Texas since 2015. A member of the Republican Party (United States), Republican Party, he served as the 50th Tex ...
signed abortion legislation that was set to go into effect on September 1. This legislation said that local governments could not do business with any organization that provided abortion services, including through the offering of tax breaks or by leasing municipal-owned buildings to such organizations. The legislation also prevents local governments from "advocacy or lobbying on behalf of the interests of an abortion provider or affiliate." An exception was provided for non-abortion clinics that perform fewer than 50 abortions a year, such as doctor offices, hospitals or ambulatory services.


2020s

In May 2021, Texas lawmakers passed the
Texas Heartbeat Act The Texas Heartbeat Act, Senate Bill 8 (SB 8), is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect ...
, banning abortions as soon as fetal cardiac activity can be detected, typically as early as six weeks into pregnancy and often before women know they are pregnant. In order to avoid traditional constitutional challenges based on ''Roe v. Wade'', the law provides that any person, with or without any vested interest, may sue anyone that performs or induces abortion in violation of the statute, as well as anyone who "aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise." It was signed into law by Governor Greg Abbott on May 15, 2021. The Heartbeat Act authorizes lawsuits not only against abortion providers, but also against abortion funders, employers, and insurance companies that defray the costs of abortion, along with anyone else who "aids or abets" an unlawful abortion by providing referrals, transportation, or any type of logistical support. Anyone who is successfully sued for violating the Act can be found liable for a minimum of $10,000 for each abortion performed (or assisted) in violation of the Act, plus costs and attorneys' fees. At the same time, the Act specifically prohibits state officials from enforcing the Act, leaving enforcement entirely in the hands of private litigants who will sue those who violate the statute. The law was written this way to prevent abortion providers from challenging the constitutionality of the statute before it takes effect in the ordinary manner, which involves injunction suits against state officials charged with enforcement in federal court. Instead, abortion providers must wait until someone sues them for violating the statute, and then assert their constitutional claims defensively. The Act was challenged in courts, but the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
declined to enjoin it and no full formal hearing took place before it took effect on September 1, 2021. Whole Woman's Health and other abortion providers sought an emergency injunction from the U.S. Supreme Court to stop the law from coming into effect, but the Court denied the application. Although the order itself was unsigned, Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''Nati ...
wrote a dissenting opinion, joined by Justices
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
and
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
, indicating that he would "preclude enforcement of S. B. 8 by the respondents to afford the District Court and the Court of Appeals the opportunity to consider the propriety of judicial action and preliminary relief pending consideration of the plaintiffs' claims." Justice
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
also wrote a stinging dissent of her own. On October 6, 2021, U.S. District Judge
Robert L. Pitman Robert Lee Pitman (born 1962) is an American attorney and jurist who serves as a United States federal judge, United States district judge of the United States District Court for the Western District of Texas and former United States Attorney fo ...
enjoined Texas courts from participating in the enforcement of the law through private civil litigation on the theory that judges are agents of the state. However, on October 8, 2021, the U.S. Court of Appeals for the Fifth Circuit put the law in effect again. On December 2, 2021, a new law against medication abortions took effect. The law requires doctors to examine the patient in person before prescribing the pills and makes it a felony for doctors to send the pills to the patient by a delivery service. It also prohibits doctors from prescribing the abortion pill after seven weeks of pregnancy (whereas the U.S.
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
allows it up to 10 weeks). The bill had been previously signed by Governor Greg Abbott.


Judicial history

In 1971,
Norma McCorvey Norma Leah Nelson McCorvey (September 22, 1947 – February 18, 2017), also known by the pseudonym "Jane Roe", was the plaintiff in the landmark American legal case ''Roe v. Wade'' in which the U.S. Supreme Court ruled in 1973 that individual s ...
, then an unmarried pregnant woman who would later be known as Jane Roe, decided to challenge the Texas law that said it was a crime for doctors to perform elective abortions and that women could only have abortions if their lives were at stake. The
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
's decision in 1973's ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' ruling meant the state could no longer regulate abortion in the first trimester. The Supreme Court overturned ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' in ''
Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', , is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both ''R ...
'', in 2022.) On February 19, 1975, the Texas Supreme Court's ruling in the case ''Jacobs v. Theimer'' made Texas the first state to declare a woman could sue her doctor for wrongful birth. That case involved Dortha Jean Jacobs (later Dortha Biggs), who caught
rubella Rubella, also known as German measles or three-day measles, is an infection caused by the rubella virus. This disease is often mild, with half of people not realizing that they are infected. A rash may start around two weeks after exposure and ...
while pregnant and gave birth to Lesli, who was severely disabled. Dortha and her husband sued her doctor, saying he did not diagnose the rubella or warn them how it would affect the pregnancy. ''Low-Income Women of Texas v. Raiford'' was filed in the Texas District Court on March 10, 1993, to challenge the Texas state constitutionality of denying state funding for abortions when a physician deems the abortion medically necessary. In 2003,
Norma McCorvey Norma Leah Nelson McCorvey (September 22, 1947 – February 18, 2017), also known by the pseudonym "Jane Roe", was the plaintiff in the landmark American legal case ''Roe v. Wade'' in which the U.S. Supreme Court ruled in 1973 that individual s ...
filed suit in the U.S. District Court in Dallas with the goal of overturning the ''Roe v. Wade'' decision in which she was a participant. In September 2004, a federal appeals court ruled on a Targeted Regulation of Abortion Providers (TRAP) law put into place in Texas law, which ultimately resulted in many abortion clinics in the state being forced to shut down. On August 29, 2014, US District Judge Lee Yeakel struck down as unconstitutional two provisions of Texas' omnibus anti-abortion bill,
House Bill 2 The Public Facilities Privacy & Security Act, commonly known as House Bill 2 or HB2, was a North Carolina statute passed in March 2016 and signed into law by Governor Pat McCrory. The bill amended state law to preempt any anti-discrimination o ...
that was to come into effect on September 1. The regulation would have closed about a dozen abortion clinics, leaving only eight places in Texas to get a legal abortion, all located in major cities. Judge Yeakel ruled that the state's regulation was unconstitutional and would have placed an undue burden on women, particularly on poor and rural women living in west Texas and the Rio Grande Valley. In the case of ''
Whole Woman's Health v. Hellerstedt ''Whole Woman's Health v. Hellerstedt'', 579 U.S. 582 (2016), was a landmark decision of the US Supreme Court decided on June 27, 2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create a ...
'', , the US Supreme Court in a 5-3 decision on June 27, 2016, swept away forms of state restrictions on the way abortion clinics can function. In 2013 the Texas legislature enacted restrictions on the delivery of abortion services, creating an undue burden for women seeking an abortion by requiring abortion doctors to have difficult-to-obtain "admitting privileges" at a local hospital and by requiring clinics to have costly hospital-grade facilities. The Court struck down these two provisions "facially" from the law at issue—that is, the very words of the provisions were invalid, no matter how they might be applied in any practical situation. According to the Supreme Court, the task of judging whether a law puts an unconstitutional burden on a woman's right to abortion belongs with the courts, and not the legislatures. In August 2018, dilation & evacuation (D & E) legislation passed by Texas and Alabama was working its way through the federal courts' appeal process.


Funding history

As a result of Administrative Code tit. 25, § 29,1121 from January 1997, women in Texas cannot use any state funds for abortion services unless their life is in danger or the pregnancy is a result of rape. The US 1998
Department of Labor The Ministry of Labour ('' UK''), or Labor ('' US''), also known as the Department of Labour, or Labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workforce participation, training, a ...
Appropriations Act Pub. L. No 105.78, Title V, §§ 509, 510 was a federal law that barred states who participated in
Medicaid Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
from refusing to use federal funds to pay abortions in cases of pregnancy as a result of rape or incest, or when continuing the pregnancy would harm a woman's health. In 2005 the 79th Legislature enacted several laws related to abortion. One put funding restrictions on family planning clinics as part of legislative efforts to force
Planned Parenthood The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is a nonprofit organization that provides reproductive health care in the United States and globally. It is a tax-exempt corporation under Internal Reve ...
clinics in the state to close. Texas created a state-funded program Alternatives to Abortion Program. Funds for the program came from existing programs designed to support family planning. Additional funding was allocated for the Alternatives to Abortion Program in 2007. The state legislature continued in its effort to deny funding to Planned Parenthood in 2009. These efforts failed. Another attempt to pass mandatory ultrasounds before women could get abortions also failed. Efforts by lawmakers to try to get Planned Parenthood out of the state continued in 2010. These efforts were successful in defining all Planned Parenthood clinics as abortion clinics, even if a clinic did not perform abortions and only offered family planning services. This was intended to deny Planned Parenthood funding to clinics that didn't provide abortion services. In 2010, the state had three publicly-funded abortion clinics, none of which were state-funded. In 2011, Texas was one of six states where the legislature introduced a bill that would have banned abortion in almost all cases. It did not pass. In 2011, the state legislature voted to defund family planning funding, including for the Women's Health Program; these programs were replaced by state-funded abortion alternative programs that only provided limited contraceptive supplies. That year, the state also successfully passed a law requiring mandatory ultrasound screenings before women could get abortions. In practice, this led to Planned Parenthood being unable to receive any
Title X The Title X Family Planning Program is the only federal grant program dedicated to providing individuals with comprehensive family planning and related preventive health services. It was enacted under President Richard Nixon in 1970 as part of th ...
funding. The Alternatives to Abortion-supported clinics, many of which have religious affiliations, have not always fared well despite receiving hundreds of thousands of dollars in grants from the state of Texas. Heidi Clinic, run by the Heidi Group, is one such clinic. It opened in April 2018, and staff members engaged in daily prayers while materials around the facility encouraged people to read the Bible and to pray more. It was closed in September 2018 as the clinic served only 5% of the total number of patients they had predicted they would serve. The Heidi Clinic had promised the state they could serve 69,000 people, including men and undocumented immigrants, with their reproductive health services. This was more than the local Planned Parenthood clinic served. The state had several years of documentation showing that the Heidi Group violated contracts and misused taxpayer dollars during a period when the state was funding them and similar organizations. Despite these problems, the State of Texas renewed the contract with the Heidi Group for two additional years. The state was only able to recover a portion of the funding it had allocated to the group for services it failed to provide. In September 2019, the City of Austin amended its 2020 budget to include $150,000 in funds to support logistical and support services for abortion access. These services could include child care, case management, and transportation needs. The amendment passed with a 10-1 majority supporting the measure, including Mayor Pro Tem Delia Garza who introduced the measure. This was the first measure passed in any U.S. city offering practical support for abortion. A legal challenge to the local policy made its way to the Texas Supreme Court.


Clinic history

Between 1982 and 1992, the number of abortion clinics in Texas declined by 49, going from 128 in 1982 to 79 in 1992. During a six-year stretch in the 1980s, Carol Everett ran a number of abortion clinics in Austin; she later shuttered these after she had a "come to Jesus" moment. The state ranked sixth in the total number of abortion clinics lost between 1992 and 1996, dropping by 15 to 64 total clinics. The rate of closures of abortion clinics in Texas increased as more clinics were forced to close because of increased regulatory requirements. In a one-year period, in 2011, 85 abortion clinics closed. Between 2012 and 2016 the number of abortion clinics in Texas dropped from 40 to 19 as a result of the state's House Bill 2, which was struck down by the US Supreme Court in June 2016. After TRAP laws came into effect in Missouri and Texas, women had to travel even greater distances to be able to visit an abortion clinic. By 2014, there were 28 abortion clinics in the state and 96% of the counties in the state did not have an abortion clinic. That year, 43% of women in the state aged 15 – 44 lived in a county without an abortion clinic. As a result of TRAP legislation passed in 2014, several more abortion clinics in Texas were forced to close. In 2017, there were 35 Planned Parenthood clinics, six of which offered abortion services, in a state with a population of 6,621,207 women aged 15–49. Southwestern Women's Options was one of the abortion clinics open in 2019. A 2019 study found that TRAP laws increased the number of second-trimester abortions by restricting women's access to abortion services. The passage of legislation regarding local government's ability to do business with abortion service providers on June 7, 2019, impacted Planned Parenthood in East Austin. This was because East Austin had signed a 20-year lease agreement in November 2018 with Planned Parenthood, with the rent being $1 a month. The East Austin clinic was impacted even though it provided no abortion services because its parent organization, Planned Parenthood, did offer such services.


Statistics

In the period between 1972 and 1974, Texas had the highest illegal abortion death rate in the United States with a rate of 62 deaths per million live births. In the same period, Texas and New York State had the largest number of illegal abortion deaths. Texas recorded 14 deaths in this period while New York had 11 in a period where 63 deaths from illegal abortions were reported nationwide. In 1972, Texas had eight illegal abortion deaths. In 1973, it had five. In 1974, the state recorded one illegal abortion death. In 1990, 2,041,000 women in Texas faced the risk of unintended pregnancy. The highest number of legal induced abortions by the state in 2000 occurred in New York City with 94,466, while Florida was second with 88,563, and Texas was third with 76,121. In 2001, New York City had the highest number of induced abortions with 91,792, while Florida was second with 85,589, and Texas was third with 77,409. In 2003, the state of New York had the highest number of legal induced abortions with 90,820. Florida was second with 88,247, while Texas was third with 79,166. In 2012, 73.2% of all abortions were performed in the first trimester, at or before eight weeks. 12.2% of all abortions were performed during week 9 or 10. 1.2% of all abortions occurred between week 17 and week 21. Only 0.5% of abortions occurred after week 21. Most abortions performed in 2012 were done at abortion clinics, accounting for 78.4% of all abortions. The rest were performed either at out-of-state facilities, by physician officers, hospitals or ambulatory surgery centers. The majority of abortions performed in 2012 on Texas residents used the suction aspiration method, accounting for 65.6% of all abortions. The next most common procedure was a medical-non-surgical procedure, accounting for 27.7% of all abortions for Texas residents. The third most common procedure was dilation and evacuation, accounting for 6.6% of abortion procedures. In 2013, among white women aged 15–19, there were 2,020 abortions, 1,810 abortions for black women aged 15–19, 3,150 abortions for Hispanic women aged 15–19, and 400 abortions for women of all other races. Public opinion on abortion is divided. In 2014, a poll by the
Pew Research Center The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...
found that 50% of adults said abortion should be illegal in all or most cases while 45% said it should be legal. In 2017, the state had an infant mortality rate of 5.9 deaths per 1,000 live births.


Illegal abortion deaths

Texas resident
Rosie Jimenez Rosie Jimenez (August 5, 1950 – October 3, 1977), also known as Rosaura Jimenez, is the first woman known to have died in the United States due to an unsafe abortion after the Hyde Amendment was passed, which, in 1977, cut off Medicaid funding fo ...
is the first woman known to have died due to an illegal abortion after the
Hyde Amendment In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect i ...
was passed in 1977. Jimenez died at age 27 in 1977 following an illegal abortion in
McAllen, Texas McAllen is the largest city in Hidalgo County, Texas, United States, and the 22nd-most populous city in Texas. It is located at the southern tip of the state in the Rio Grande Valley, on the Mexico–United States border. The city limits extend ...
. At the time she was a single mother of a five-year-old daughter as well as a student who would have earned a teaching credential in six months.


Abortion rights views and activities


Organizations

Jane's Due Process is a Texas-based organization to assist minors going through the judicial-bypass process to secure an abortion without parental consent.


Activities

Since 1995, the Abortion Access Project has organized Rosie Jimenez Day every October 3. They also sponsor yearly speak-outs and other events in October in memory of
Rosie Jimenez Rosie Jimenez (August 5, 1950 – October 3, 1977), also known as Rosaura Jimenez, is the first woman known to have died in the United States due to an unsafe abortion after the Hyde Amendment was passed, which, in 1977, cut off Medicaid funding fo ...
.


Protests

People from Texas participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. On May 23, 2019, women gathered at the
Texas State Capitol The Texas State Capitol is the capitol and seat of government of the American state of Texas. Located in downtown Austin, Texas, the structure houses the offices and chambers of the Texas Legislature and of the Governor of Texas. Designed in 18 ...
Rotunda in Austin to express opposition to SB8. They dressed in red costumes evoking characters in ''
The Handmaid's Tale ''The Handmaid's Tale'' is a futuristic dystopian novel by Canadian author Margaret Atwood and published in 1985. It is set in a near-future New England in a patriarchal, totalitarian theonomic state known as the Republic of Gilead, which h ...
''.


Anti-abortion views and activities


Organizations

Human Coalition is a Texas anti-abortion organization that operates
crisis pregnancy centers A crisis pregnancy center (CPC), sometimes called a pregnancy resource center (PRC) or a pro-life pregnancy center, is a type of nonprofit organization established by anti-abortion groups primarily to persuade pregnant women against having an ab ...
.


Violence

There was an arson attack in 1980 at an abortion clinic in Texas. It caused around US$320,000 in damage. 1998 saw six arson attacks, four bombings, one murder and 19
acid attack An acid attack, also called acid throwing, vitriol attack, or vitriolage, is a form of violent assault involving the act of throwing acid or a similarly corrosive substance onto the body of another "with the intention to disfigure, maim, tortu ...
s take place at abortion clinics across the United States. Butyric acid attacks took place between May and July in Florida, Louisiana and Texas. In 2000, an act of violence took place at an abortion clinic in
Eastland County Eastland County is a county located in central West Texas. As of the 2020 census, its population was 17,725. The county seat is Eastland. The county was founded in 1858 and later organized in 1873. It is named for William Mosby Eastland, ...
, Texas. Harris County, which includes
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...
, has been home to the most
anti-abortion violence Anti-abortion violence is violence committed against individuals and organizations that perform abortions or provide abortion counseling. Incidents of violence have included destruction of property, including vandalism; crimes against people, in ...
in the United States as of 2000 with 10 acts of violence being experienced by clinics. A package left at a women's health clinic in
Austin, Texas Austin is the capital city of the U.S. state of Texas, as well as the county seat, seat and largest city of Travis County, Texas, Travis County, with portions extending into Hays County, Texas, Hays and Williamson County, Texas, Williamson co ...
, on April 25, 2007, contained an explosive device capable of inflicting serious injury or death. A bomb squad detonated the device after evacuating the building. Paul Ross Evans (who had a criminal record for armed robbery and theft) was found guilty of the crime.


City ordinances


Anti-abortion ordinances

As of December 14, 2021, 39 cities in Texas had outlawed abortion within their city boundaries and declared themselves "sanctuary cities for the unborn." The first city to do so was the city of
Waskom, Texas Waskom is a city in the U.S. state of Texas with a 2020 United States census, 2020 census-tabulated population of 1,910, down from 2,160 residents in 2010 United States Census, 2010. It is located in Harrison County, Texas, Harrison County and lie ...
, which enacted its local abortion ban on June 13, 2019. The city of
Lubbock Lubbock ( ) is the 10th-most populous city in the U.S. state of Texas and the seat of government of Lubbock County. With a population of 260,993 in 2021, the city is also the 85th-most populous in the United States. The city is in the northwe ...
enacted its local abortion ban through a referendum on May 1, 2021. Planned Parenthood of Greater Texas was performing abortions in Lubbock when the ordinance was adopted and sued the city in an attempt to block the ordinance from taking effect. A federal district court dismissed the lawsuit on June 1, 2021, ruling that Planned Parenthood lacked standing to sue the city because the ordinance would be enforced solely through private civil lawsuits rather than by city officials. In response to this ruling, Planned Parenthood ceased performing abortions in Lubbock and complied with the ordinance.


Abortion decriminalization ordinances

As of September 27, 2022, at least five cities in Texas have decriminalized abortion within their city limits. The first city to do so was
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...
, which enacted its decriminalization ordinance on May 10, 2022. The Denton City Council decriminalized abortion a week after the ''Dobbs vs. Jackson'' decision, on June 29, 2022. On July 21, 2022, the state capital of
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
followed suit. On August 3, 2022, the cities of
Dallas Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...
and
El Paso El Paso (; "the pass") is a city in and the seat of El Paso County in the western corner of the U.S. state of Texas. The 2020 population of the city from the U.S. Census Bureau was 678,815, making it the 23rd-largest city in the U.S., the s ...
also decriminalized abortion.


References

{{Abortion by US state
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
Healthcare in Texas Women in Texas