In the past few weeks, hundreds of citizens of Texas in the United States have taken to the street in order to protest against the controversial ‘Heartbeat Bill’. A Texas valedictorian named Paxton Smith even went off script in her graduation speech to speak out against this newly signed law. This is a historical moment for Texas and has instigated important conversations about abortion laws, women’s rights and what we can do to help. 

What is the ‘Heartbeat Bill’?

The ‘Heartbeat Bill’ is one of the most divisive and restrictive laws that has been introduced in the 21st century. A law which was signed by Governor Greg Abbott on Wednesday the 19th of May 2021, despite strong opposition from the medical and legal communities and has banned abortion from as early as six weeks. It bans abortion after the detection of a foetal heartbeat and gives any individual the right to sue doctors who perform the procedure past this key stage in a pregnancy (BBC, 2021). 

This bill was passed by the both chambers of the Republican majority legislature in Texas and offers no exception in cases of rape or incest. Due to most women not being aware that they are pregnant at this stage of a pregnancy when a heartbeat is detected, it could easily be argued that this bill is similar to a near-total ban on abortion. It is a bill which has controversially been proposed in states such as Iowa, Mississippi and North Dakota, however, it has not been enforced due to court challenges. The enforcement of this bill in Texas amounts to an extremely dangerous situation for many women in Texas, who may be tempted to put their health at risk in order to terminate their pregnancy.  

History of Abortion Rights in Texas

Abortion laws in Texas have a long history, dating back to the 1800’s where all states except Louisiana had therapeutic exceptions in their legislative bans on abortion (Buell, 1991). This changed in 1854 when Texas passed an abortion law that made any one performing an abortion, with the exception of preserving the life of the mother, a criminal act that carried a two-to-five-year prison sentence (ibid). In 1869, the Catholic Church banned abortion completely, while in 1873, Congress passed the Comstock law, where it was illegal to distribute contraceptives and abortion-inducing drugs through the mail (History, 2019). 

However, the main landmark legal decision on abortion rights in Texas was issued on January 22, 1973 in the Roe V. Wade case. This is when the US Supreme Court dismissed a Texas statute banning abortion, effectively legalising the procedure across the US. The court held that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th Amendment to the Constitution (History, 2019). After this, a law was passed in 1992 which said that only Texas licensed physicians could perform an abortion in the state (Arndorfer et al. 1998). An additional 21 abortion related bills were also introduced in the Texas legislature in 1997 as well as one in 2012 which required that a woman seeking an abortion received a sonogram from the doctor who will be performing the procedure at least 24 hours before the abortion. During the sonogram, the doctor is required to display sonogram images and make the heartbeat audible to the patient. 

This brief overview of the history of abortion laws in Texas highlights the many obstacles that women have faced throughout the years. It is the reason why Texas can be considered one of the most restrictive states in the US in terms of women’s reproductive rights, with it now being even more so, due to abortion becoming near impossible. 

The Response 

As expected, the introduction of this bill has provoked a strong response from not only citizens of Texas but also attorney’s and medical professionals. For example, more than 370 licensed attorneys have condemned the unprecedented legislation in an open letter to state lawmakers. More than 200 physicians across Texas have also expressed deep concern over their ability to administer healthcare, with mentioning that this bill will create a “chilling effect” that would prevent physicians in over 30 specialties from providing information on all pregnancy options. 

On the other hand, this bill has also been applauded by the state’s major anti-abortion lobby organization, Texas Right to Life. On the passing of the bill, they celebrated it as the most “historic” anti-choice measure in recent memory, with it helping “incentivize” abortion clinics to comply, said the group’s legislative director, John Seago (Tuma, 2021). 

Overall, this shows how polarised an issue this bill is within the state of Texas, and one which will, without denial, threaten women’s rights to their own body. It emphasises the extent to which pro-life campaigners are willing to do in order to oppress women and restrict their access to healthcare, with them now resorting to dangerous legal tactics. 

How can we help? 

These restrictions on abortion in Texas do not eliminate the demand for abortion. This bill has now put women in a desperate situation where they are now more likely to resort to unsanitary and unsafe means in order to terminate a pregnancy or spend a lot of money to travel abroad in order to access abortion services. Women will ultimately be the ones that are going to be disadvantaged from a bill passed by white middle-class men, not only in terms of health care but also financially. 

As young women in Scotland, there are many things we can do to stand in solidarity and support women in Texas. Firstly, we can support and donate to charities that provide support and advice on travelling for abortion, financial assistance, and, where needed and where possible, accommodation such as Abortion Without Borders and Abortion Support Network. Secondly, we can sign this petition to fight against Texas’ new abortion law: https://www.change.org/p/governor-greg-abbott-fight-against-texas-new-abortion-law?source_location=topic_page

Additionally, there are many charities and organisations that are working within Texas in order to try and help women. An example of one would be Fund Texas Choice. This organisation helps to fund Texans’ travel to abortion clinics, where they provide accommodation and transportation. There is also the TEA Fund (Texas Equal Access Fund). This charity provides funding to low-income people in the northern region of Texas who are seeking abortion and cannot afford it. 

By donating to these charities and standing in solidarity with women in Texas, we can help to become that one step closer in allowing women the basic human right of reproductive health care all around the world.