‘We dealt with a lot of uncertainty’: Texas’ 6-week abortion ban takes effect
Texas abortion providers worked late Tuesday to see as many patients as possible before the state’s “fetal heartbeat” law took effect. Whole Woman’s Health, with four clinics in Texas, finished its final procedure at 11:56 p.m. in Fort Worth.
The law, which went into effect Wednesday, effectively bans most abortions. A fetal heartbeat is typically detected around six weeks, often before pregnancy is known. A challenge to the law is pending before the U.S. Supreme Court, but justices have not weighed in on the case. The court could still intervene.
“Our clinics were filled with patients and their loved ones in all four of our clinics yesterday, said Amy Hagstrom Miller, Whole Woman’s Health CEO. “We had a physician who has worked for us for decades in tears as he tried to complete abortions for all of the folks who were waiting in our Fort Worth waiting room.”
As of 10 p.m., there were still 27 patients waiting. Anti-abortion protesters stood outside all day and into the night, shining lights on the parking lot when it got dark, Miller said.
“We were under surveillance,” she said. “This is not abstract. This is real for our team.”
Texas’ law before Wednesday generally banned abortions after 20 weeks of pregnancy. About 85% to 90% of people who got an abortion in Texas were at least six weeks into pregnancy, according to abortion rights advocates.
President Joe Biden said his administration would defend the right to an abortion established under Roe v. Wade. Lt. Gov. Dan Patrick and Gov. Greg Abbott celebrated the new law.
“No freedom is more precious than life itself,” Abbott said in a tweet. “Starting today, every unborn child with a heartbeat will be protected from the ravages of abortion. Texas will always defend the right to life.”
At least 12 other states have tried to enact bans on abortion early in pregnancy, but courts have blocked the laws. Texas’ law has been going through the courts, as abortion providers work to try and get it halted. Providers on Monday filed an emergency appeal to the Supreme Court asking that the law not be allowed to go into effect.
Texas’ law is unique because it allows citizens to bring civil action against a person who performs an abortion or aids in the performance of an abortion. An abortion patient could not be sued under the law.
Kimberly Schwartz, a spokesperson for anti-abortion organization Texas Right to Life, said the group hopes there won’t be any violations of the new law. The group has set up a “whistleblower website” where people can send anonymous tips if they think the law has been violated.
“Right now we are just watching and observing and seeing if abortionists will comply with the law,” she said. “So far they publicly said that they will comply, and that’s where we’re at now.”
Johnathan Saenz, president of Texas Values, called the law “historic for law and life” in a statement.
“The Texas Heartbeat Act is the first-ever law of its type to go into effect,” he said. “Starting today, babies and mothers will be spared from abortion in Texas when a baby’s heartbeat is detected.”
Miller, of Whole Woman’s Health, said its clinics are providing care in accordance with the new law. In Fort Worth on Wednesday, the parking lot at the clinic was empty, said Marva Sadler, senior director of clinical services.
Sadler felt exhausted, nervous, frustrated and sad for Texas women on the law’s first day. The night before had been “organized chaos” as employees worked to follow through on a promise to see every patient they possibly could. They did 67 procedures and saw more than 50 other patients for follow up appointments.
“We dealt with a lot of emotion,” she said. “We dealt with a lot of fear. We dealt with a lot of uncertainty in making sure that we can get everyone seen.”
Ultrasounds determined that patients who visited the clinic on Wednesday were ineligible for procedures, Sadler said.
“I have to be honest with them and tell them that in this state they cannot have an abortion,” she said. “And this is not a Whole Woman’s Health rule. It’s not my rule. Unfortunately, it’s a super unfair rule that our government has placed upon them.”
Sadler has had to explain to patients that they must travel out of state for an abortion — something that’s not always an option.
The Texas Equal Access Fund — a nonprofit serving the north region of Texas that provides funding to low-income individuals seeking an abortion — has experience learning to navigate barriers to abortion access. The group’s communication manger Denise Rodriguez recalled the early stages of the COVID-19 pandemic, when most abortion procedures were temporarily restricted after a Gov. Greg Abbott executive order.
“With that we had to scramble and put together plans to figure out how we can help people go out of state and get the care they need,” she said. “With that experience, we were able to do that and help us plan for this one that’s ... already happening.”
The group, which saw an increase in calls the last few days of August, has relationships with providers in states like Louisiana, Oklahoma, New Mexico and Colorado, Rodriguez said.
Briana M., who asked to be identified by her first name and last initial, recalled the challenges that came with navigating abortion services when she was 19. She was not sure where to start.
“I cannot imagine what that may (have) looked like for me if this bill went into effect back then,” she said. “My first abortion, I was a college student, and so I didn’t even have finances to pay for my living, let alone have to go out of state. ... I feel like I would be scared. I would definitely be overwhelmed.”
Now Briana works as a social worker for Texas Equal Access Fund. Already Wednesday, she had spoken with a client who was emotional and overwhelmed upon learning she can’t get an abortion in the state.
“I just want everyone to know that we’re all in this together,” she said, explaining that the fund is working to get everyone factual information and connected with resources. “I know it may be overwhelming for them. It’s overwhelming for us as well.”
Yffy Yossifor contributed to this report.
This story was originally published September 1, 2021 at 5:12 PM with the headline "‘We dealt with a lot of uncertainty’: Texas’ 6-week abortion ban takes effect."
