Texas’ governor signed the Texas Heartbeat Act on Wednesday (May 19), which bans abortions on fetuses whose heartbeats can be detected.
Speaking at the signing ceremony in Austin, Texas Republican Governor Greg Abbott said, “We were given the right to live by our Creator. Yet, millions of children lose their right to life every year because of abortion.”
He added that the bill “ensures that the life of every unborn child with a heartbeat is protected from the ravages of abortion.
At the heart of this legislation, Texas Senate Bill 8 (Bill 8), is the idea that the state has never repealed the law enacted in 1973 before the Supreme Court ruled in favor of the plaintiffs in Roe v. Wade and ruled that abortion is a constitutional right.
Texas law prohibits abortion and makes it a crime unless the mother’s life is in danger.
The new bill states that a physician may not perform or direct an abortion unless he or she has determined whether the unborn child has a detectable fetal heartbeat. If a heartbeat is detected, an abortion may not be performed unless there is a medical emergency.
This legislation prohibits state officials from enforcing these regulations. Instead, ordinary citizens – with the exception of individuals who impregnate women through rape or incest – can file lawsuits against doctors, clinics and anyone involved in abortions in violation of the law.
The bill will take effect Sept. 1.
The bill passed the state Senate last week with 18 votes in favor and 12 against; it passed the House chamber with 83 votes in favor and 64 against. Gov. Abbott has said he intends to sign the bill.
A number of Democrats also voted for the legislation, although most Democrats were opposed to it.
In a tweet Wednesday, state Democratic Rep. Jessica Gonzalez wrote, “Say it with me: abortion is healthcare. I’m proud to have voted against ‘SB8’ (Senate Bill 8) while it was still in the House.”
Some groups have also criticized the bill.
The Supreme American Civil Liberties Union of Texas (ACLU) said in a statement, “If this law is passed, it will completely ban abortions in Texas on fetuses that are six weeks pregnant, a time period when many Texans people don’t even know they are pregnant yet.” “If this law is passed, anyone can sue people who provide abortions, as well as people who help others have abortions.”
According to the American Congress of Obstetricians and Gynecologists, fetal heartbeat testing begins as early as six weeks of pregnancy, from a woman’s last menstrual cycle.
The International Planned Parenthood Federation of Texas Votes (Planned Parenthood Texas Votes) called the legislation one of the toughest abortion bans in the United States.
Others welcomed the bill, including Chelsey Youman, legislative director of Human Coalition Action Texas.
After attending the signing ceremony, Youman said, “It was an honor to see Governor Abbott sign this historic heartbeat bill. The legislature and the governor have made this historic legislation a priority. And, with his signature, the bill will save approximately 50,000 precious lives next year, in Texas alone!”
Republican Senator Bryan Hughes, who authored the bill, added in response, “The Texas Heartbeat Act is the strongest anti-abortion bill in Texas history and will serve as a model for this country.”
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