Texas lawmakers are considering a bipartisan bill to clarify the state’s abortion ban, as many doctors have expressed concerns that the law is not clear about when they may step in to protect the life of the mother without committing a crime.
The state has a near-total abortion ban, but doctors, using reasonable medical judgment, are permitted to take action in cases where a pregnant woman faces a life-threatening physical condition or substantial impairment of major bodily function.
Now, the state legislature is seeking to pass a measure to clarify how narrow that exception is, which will give doctors a more clear idea of when they can intervene in situations where there are pregnancy complications.
House Bill 44 and Senate Bill 31 are matching bills that have each been introduced in their respective chambers, with the Texas House Public Health Committee hearing testimony on Monday regarding the version in the lower chamber.
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“This is not someone who is six weeks and driving to Planned Parenthood because they don’t want their baby,” Catholic Conference of Bishops executive director Jennifer Alman said, according to FOX 4.
“This is a woman who very much wants her baby at 20 weeks and having a medical emergency where she has lost her child,” Alman continued. “Even if it’s not fully dead yet, her child is in the act of dying and the only way she can survive to parent her other children is to accept that death, protect her life and that is what the bill seeks to strike a balance of.”
The legislation, also called the Life of the Mother Act in both chambers, has brought together major pro-life groups, doctors, hospitals, Republicans and Democrats, said GOP Rep. Charlie Green, who authored the House version.
“We know women’s bodies have been horribly injured because doctors and hospitals are afraid to provide abortions that could save their bodies,” Green said, according to FOX 4. “That’s because some of the language in our current law is not clear to doctors and hospitals.”
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The lack of exceptions under Texas’ abortion ban prompted a lawsuit brought by 20 women, according to FOX 4, though it was rejected by the state Supreme Court. The court also called on the Texas Medical Board to provide clarity for doctors on when an abortion may be permitted under state law.
The medical board said its job is not to clarify the law, sending the issue back to lawmakers, the outlet reported.
Some who testified expressed concerns that the legislation would allow a loophole in the abortion ban.
On the other side, some of the plaintiffs in the lawsuit argue the bill does not go far enough since it does not take into account fatal abnormalities of the fetus.
Sarah Harrison said she was pregnant with twins when one of them had a fatal condition, according to FOX 4.
“What if I got pregnant with twins again and I have to leave again? The trauma is real. It is real. It’s intense. Of course, I feel scared to get pregnant in this state,” she testified.
Rep. Ann Johnson, a Democrat, said: “This bill does not include fetal abnormality. It does not include rape. But it does include a bipartisan approach to try to address the challenges.”
“I heard you guys say not sick enough. This bill does an important thing that does say you do not delay treatment. This bill does try to address that delay in time,” she continued.
The legislation appears to have enough support for approval.
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