On 1st September abortions in the state of Texas virtually became illegal. Texas' seven million women of childbearing age have lost a fundamental part of their autonomy, and equality for women in the ‘land of the free’ has taken a massive step back.
The ‘heartbeat’ bill bans abortions after six weeks of pregnancy and allows any citizen, regardless of personal connection, to sue Texas abortion providers who break the law, as well as anyone who “aids and abets” the women. Abortion patients themselves, on the other hand, cannot be sued. If the lawsuit is successful, the person who filed it is entitled to at least $10,000 in damages.
The issue appears to be that there is a widespread misconception that six weeks is a long time to decide to get an abortion. Six weeks of pregnancy is only two weeks after a missed period, giving a woman only fourteen days to discover she is pregnant and make the emotionally difficult decision. Many women also have irregular menstrual cycles, meaning they could have even less time to decide. Because there are no exceptions, the law erases victims of rape, domestic violence, and incest, as well as women with medical conditions like PCOS. Even doctors face lawsuits for providing vital miscarriage care.
Abortions after six weeks are unethical, according to supporters of the bill, because this is when a foetus’ heart begins to beat. But this is not the case. Cardiac activity seen on scans is not a heartbeat but rather electrical activity, as the heart’s valves have not yet formed. This just goes to show how the law isn’t about protecting the unborn foetus’ life; it’s about controlling women and pushing a far-right misogynistic agenda hidden behind a veil of religion, and concern for children.
Governor Abbott signing the bill into law early last week, surrounded by supporters
The law will disproportionately affect women of low-income, people of colour, and undocumented immigrants the hardest. Many of these women will be unable to take time off work to travel to and stay in another state. Moreover, these unwanted pregnancies will almost certainly result in low socioeconomic well-being for both mother and child, or the child will end up in the US foster care system. Research has shown around 30% of children in foster care in the United States develop severe emotional, behavioural, or developmental issues. Perhaps a more suitable campaign for pro-lifers would be to demand reform of the foster system if they care about children so much, but as mentioned this is not the goal of their agenda.
Eliminating abortion care for pregnant women eliminates the safe option. Women will be placed in desperate situations, and some may resort to self-induced abortions, endangering not only the life of the foetus but also their own.
While Texan women face a bleak future in terms of reproductive rights, the Woman’s Health Protection Act (WHPA) offers some hope. The Act, introduced in Congress in 2013, makes it illegal for states to restrict abortions before viability (the potential for the foetus to survive outside the womb). The law is based on federal rights to regulate commerce as well as the 14th Amendment’s liberties and equal protection clause. According to polls, 61% of people support it. Abortion rights have already been codified in Democratic states such as New York and California, but no federal legislation has been passed.
While the Texas bill was allowed to become law by the Supreme Court, which now has a conservative majority, the WHPA would overturn this decision. The law would also eliminate ‘medically unnecessary’ abortion restrictions and bans such as mandatory waiting periods, biased counselling, two-trip requirements, and mandatory ultrasounds.
Speaker of the House Nancy Pelosi announced that the House would vote on the Act when it returns from summer recess. She referred to the Supreme Court’s decision as a ‘cowardly, dark-of-night decision to uphold a flagrantly unconstitutional assault on women’s rights and health’. The legislation is expected to pass in the Democratic-controlled House but is expected to die in the Senate due to a Republican-led filibuster. The filibuster is an antiquated tactic used by opponents of a proposed law to prevent its final passage. Democrats would need a 60-vote majority to break the filibuster, which would require 10 Republican votes – a highly unlikely scenario.
Many are calling for the filibuster to be repealed as it no longer serves a useful purpose and instead allows the minority to frustrate the will of the majority. Eliminating the filibuster would allow a bill to be passed with a simple majority of 51 lawmakers. Progressives, such as Rep. Alexandria Ocasio-Cortez, are also pushing for the Supreme Court to be expanded from nine to thirteen seats, allowing Biden to appoint four justices. This Act, however, does not have the support of Democratic leaders and does not have the votes to pass in either chamber.
Ocasio-Cortez summed up her opinion tweeting that “Democrats can either abolish the filibuster and expand the court, or do nothing as millions of peoples’ bodies, rights, and lives are sacrificed for far-right minority rule,”. The progressive Representative from New York has been outspoken on Twitter and has helped raise over $185,000 for Texas abortion organisations.
There is still hope for women's reproductive rights in Texas and the United States, but it is now in the hands of their elected representatives, who must do everything they can to abolish the filibuster and codify the 1973 decision, giving women back their choices.
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