Texas ‘heartbeat’ law has led to dramatic drop in abortions. Here’s why that’s good for women
In September, Texas’ controversial “heartbeat law” went into effect. Pro-lifers hoped it would save lives. Abortion advocates said it was unconstitutional. The law was immediately challenged but has not been blocked.
The result? in August, there were more than 5,400 abortions in Texas statewide, according to Texas Health and Human Services Commission data Bloomberg reported. The next month, only half that many were reported, about 2,200.
Abortions fell 60 percent following the implementation of the heartbeat law. It’s saving the lives of about 100 babies a day.
There are downsides to this law, but for unborn babies and a movement that has worked to promote a culture of life for five decades, this is a win both for babies and women. The former seems obvious; the latter probably sounds questionable, even crazy.
The law bans abortion after a heartbeat is detected, which is usually about six weeks into a pregnancy, but it’s not enforced by the state; private lawsuits against providers or those who help facilitate an abortion are the mechanism.
Understanding the legal framework of Roe v. Wade is an important part of abortion policy. While Americans increasingly favor restrictions on abortions, there are still opposing fundamental beliefs, regardless of whatever nuances exist in abortion laws.
Pro-choice advocates claim Texas’ law removes a woman’s “reproductive rights,” a legal fallacy from the start. Abortion is not a liberty that exists in the Constitution. An unborn baby has completely separate DNA; his body is not the same as the woman’s. Thirty-eight states have fetal homicide laws that recognize the unborn child as a separate human being and the murder of a pregnant woman a double homicide.
The consequence-by-vigilante is the law’s biggest problem. Some of it has been misunderstood. Contrary to news reports after the law was passed, neither the pregnant woman herself nor the man who impregnated her can be sued.
It’s not uncommon for punitive measures to be attached to illegal activity. In fact, that’s how most laws work. In this case, it’s unusual that the state government has removed itself from this equation allowing only private individuals to take it upon themselves to do so. The plaintiff who wins could receive $10,000 plus attorney’s fees, and Wild West-style bounties are not the best way to encourage a culture or life.
And it just may not survive legal scrutiny. The best way to explain its existence is perhaps that Texans generally want the state to be involved with as few lawsuits as possible (if only Attorney General Ken Paxton would take a hint).
The main criticism of this bill was that it leaves women in the cold. How does this law help pregnant women who are alone and afraid?
That major drawback aside, the the law does help women: Before this law went into effect, Texas boasted nearly 200 pregnancy centers that help pregnant women with abortion alternatives. They are not just baby-focused but woman-focused. To put it in perspective, Texas has about one-third that amount of abortion centers.
This law didn’t just ban abortion; it strengthened those pregnancy centers. Texas lawmakers voted to invest $100 million into the Texas Alternatives to Abortion program. This program provides counseling, parenting classes, diapers, baby formula, job skills training and more – often free of charge. The accusation that Texas lawmakers created this law because they don’t care about women simply doesn’t correspond with reality.
Of course, some outlets reported about a dozen women or so traveling to abortion centers outside Texas to receive their abortion. Perhaps there’s been more by now. The Supreme Court may find this places an “undue burden” on women who want to abort, but for now, it certainly does make women either think twice about abortion, or, as in the case of a single, jobless mom with three children U.S. News interviewed, think twice about having sex without a contraceptive.
As they say every January when it comes to resolutions: Choose your hard. Is it more difficult to take advantage of free or low-cost contraception widely available or have unprotected sex, get pregnant, then drive out of state for an abortion?
This might sound harsh and of course, there is so much more to be said about every man’s role in every pregnancy, but the onus of pregnancy falls on women.
Finally, for women who refuse or are unable to come to terms with having responsible sex, this law encourages them to see their “surprise” or “unwanted” pregnancy for what it is: Either the baby is a nuisance to dispose of illegally, the aftermath of which will likely trigger depression, anxiety, or worse, for her. Or, the baby is an unexpected gift she can raise or give up for adoption to the thousands of couples waiting.
The Supreme Court ruled that abortion providers in Texas can challenge the law but refused to block it in the meantime, leaving that to lower courts. The case is currently before the 5th U.S. Circuit Court of Appeals, which sent the case to the Texas Supreme Court. The Supreme Court heard is still reviewing a Mississippi abortion law that could shift the debate, too.
The Texas heartbeat law is imperfect. But it is saving lives, reducing abortions and perhaps even bringing joy to some families.
This story was originally published February 16, 2022 at 9:56 AM.
