In Austin, Texas, a prominent state legislator who has been integral to forging the state’s stringent abortion laws introduced a new bill on Friday aimed at explaining the medical exceptions under these laws. This move is notably distinct from the previous strong defense made by Republican lawmakers against the abortion ban amidst lawsuits and examinations by medical professionals.
The bill, proposed by State Senator Bryan Hughes, a Republican, requires that abortions can only occur if there is a medical emergency, although it modifies previous language that mandated the condition to be life-threatening. In addition, the bill mandates training for both doctors and lawyers regarding the law.
Hughes noted, “We’ve encountered instances where physicians were prepared to assist the mother, but hospital lawyers advised against it. Ensuring that both doctors and the legal counsel for hospitals understand the law is one of our pivotal goals.”
This move in Texas mirrors developments in Kentucky from the previous day, as lawmakers there enacted medical exceptions to their stringent abortion restrictions.
Currently, in Texas, abortions are banned unless the pregnant individual faces a life-threatening condition. Doctors risk severe penalties, including up to 99 years of imprisonment, fines reaching $100,000, and revocation of their medical licenses if found culpable of performing an illegal abortion.
Texas’s abortion legislation is among the most severe in the country, enduring several legal challenges since Roe v. Wade was overturned. Critics argue the law lacks clarity regarding permissible medical exceptions.
The bill is identified as a legislative priority by Republican Lt. Gov. Dan Patrick, and Governor Greg Abbott’s office has indicated a willingness to consider supporting the legislation. Abbott’s spokesperson, Andrew Mahaleris, mentioned, “After the Dobbs decision, 135 medically necessary abortions were done to protect mothers’ lives without any repercussions for the performing physicians. Governor Abbott anticipates reviewing any detailed language in proposed legislation.”
For years, proponents of abortion rights have denounced Texas’ tight abortion statutes as excessively limiting, particularly due to the exclusion of exceptions for rape or incest.
Ashley Gray, a senior policy adviser with the Center for Reproductive Rights, stated, “Attempts to clarify won’t suffice because any abortion bans are perilous. As long as physicians face criminal charges for care, patients will undoubtedly suffer.”
In a 2024 ruling, the Texas Supreme Court decided against a group of women arguing the abortion laws were too vague. They had sought abortion procedures due to severe pregnancy complications and were denied.
Notably, a separate legal case in 2023 involved Kate Cox from Dallas, who was unable to gain approval for an abortion despite her fetus having a fatal condition.
In response to concerns, over 100 obstetricians and gynecologists penned a letter in November addressed to state officials, advocating for legal reforms following an investigation revealing that three women succumbed due to delayed miscarriage treatments.
