OUTLOOK Most don’t want an extreme abortion ban
On Wednesday, the Texas House approved Senate Bill 8, one of the most extreme antiabortion bills in the country. If signed by Gov. Greg Abbott, this bill will ban abortion as early as six weeks, after the detection of what Republicans are incorrectly calling a heartbeat, with no exception for rape or incest. This is essentially an unconstitutional, total ban on abortion because most Texans don’t even know that they are pregnant by the six-week mark.
After being elected by a bipartisan coalition, Speaker Dade Phelan has taken every opportunity to pave the way for Lt. Gov. Dan Patrick’s radically conservative agenda to become law. This year, anti-abortion zealots introduced more than 50 bills that would further restrict or outright ban abortion care in Texas. SB 8 is one of the most radical bans we have ever seen in the nation.
Eleven other states have passed “heartbeat”-style bans, and none are currently being enforced because they have been blocked by courts as a result of constitutional challenges. However, SB 8 is uniquely concerning because it relies on a radical enforcement mechanism that creates a private cause of action allowing any person, anywhere to sue anyone in Texas for providing abortion care or helping someone access care after the six-week mark.
They don’t have to have any proof to sue, and if they lose, they don’t have to cover the defendant’s legal fees. The intent of this cause of action is clear: to avoid constitutional scrutiny by not allowing the state to enforce its own restriction and to harass and bankrupt abortion providers and the support system for people seeking an abortion in Texas.
Self-proclaimed conservative lawmakers just opened the door for frivolous, harassing lawsuits against their own constituents. Public Policy Polling found that 63 percent of Texans, including many Republican and pro-life voters, oppose this new cause of action. Almost 400 lawyers and more than 200 physicians in Texas signed open letters to the House speaker asking that he not pass such a dangerous bill because it threatens our legal infrastructure and health care system. The passage of SB 8 despite widespread opposition illustrates that our state government is controlled by extremists who do not represent their constituents’ values or interests.
Most Texans — 54 percent from across the political spectrum — think abortion is overregulated or regulated enough. Texas already has some of the most restrictive laws on abortion access in the nation, including a mandatory sonogram and 24hour waiting period; a 20-week abortion ban; and state-mandated medical misinformation for patients. The existing restrictions already push care out of reach for far too many people; accessing an abortion in Texas under SB 8 will be nearly impossible.
The truth is that abortion is a critical component not only of health care, but of Texans’ ability to lead free and fulfilling lives. Nearly 1 in 4 Americans who can get pregnant will have an abortion by age 45. Whether we are aware of it or not, we all know and love someone who has had an abortion. Anti-abortion policies are about telling people how they can and can’t live their lives, perpetuating shame and limiting Texans’ futures. Every Texan, regardless of how they personally feel about abortion, should be concerned about how these bills pry into our private lives.
This legislative session has served as a reminder that we cannot rely on current state leadership to help us. It’s up to us to share our stories, organize and stop harmful legislation from advancing. When we fight for unrestricted abortion access, we are fighting for our families, our communities, our futures and our freedom.
We are disgusted by our state leaders’ inability to work on issues that Texans actually care about or to meet the needs of their constituents. However, state elections are right around the corner. We will be there in 2022 to remind voters of the rampant extremism of this session. Until then, we will continue to stand up for what we know is right, because we have seen the positive impact that abortion care can have on a person’s life and in our communities.