What is the Texas Heartbeat Bill?

On May 19, 2021, a Texan law nicknamed the “heartbeat bill” was signed into the state’s court system. In a rather controversial take, the bill prohibits abortions as soon as a heartbeat is detected, notably at six weeks. Cases don’t exclude instances of rape or incest, those who are impregnated against them will be forced to carry full term — a clear sign that women in Texas have no direct control over their bodies. Due to take effect in early September, the law has swiftly become one of the strictest anti-abortion legislation since Roe v. Wade in 1973.

What was Roe v Wade?

Roe v. Wade: A landmark Supreme Court decision that said a pregnant woman’s liberty is protected under the 14th Amendment in the United States Constitution. The Court ruled that it was constitutional to let a woman choose freely — without excessive government restriction — to have an abortion. The new Senate 8 bill in Texas has effectively overruled this. 

Roe v. Wade gave millions of women a right of choice regarding their own bodies. The newly established law allows private citizens to sue those providing abortions and using this route, it takes enforcement and therefore accountability, away from the state government. 

Constitutional law professor, Josh Blackman said: “It’s a very unique law and it’s a very clever law. Planned Parenthood can’t go to court and sue Attorney General Ken Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.” 

Consequences of the bill

The bill bans anyone getting an abortion after 6 weeks, a time where many women aren’t yet aware they’re pregnant. Only those that run the risk of a serious medical emergency are allowed to terminate the pregnancy. It’s well known that restrictions on abortion, don’t stop abortions: they stop safe terminations. What this law does, is strip away a woman’s choice. 

Socioeconomic risks are likely to be higher for those who carry an unwanted pregnancy full term. Whilst a woman may be physically healthy, her mental health may suffer as a result of being unable to access abortion when needed. What the bill fails to consider, is long-term consequences.

Paxton Smith

High school valedictorian Paxton Smith threw out her original speech and replaced it with one standing up for women and a discussion of the Texan bill. In an unfiltered approach, Smith used her platform to stand up for what she believed in, albeit with a shaky breath. 

“As we leave high school, we need to make our voices heard. Today, I was going to talk about TV and media and content, because it’s something that’s very important to me. However, in light of recent events, it feels wrong to talk about anything but what is currently affecting me and millions of other women in the state. 

Recently, the Heartbeat Bill was passed in Texas. Starting September, there will be a ban on abortions after six weeks of pregnancy, regardless of whether the pregnancy was a result of rape or incest. 

Six weeks. That's all women get. And so before they realize — most of them don't realize that they're pregnant by six weeks — so before they have a chance to decide if they are emotionally, physically and financially stable enough to carry out a full-term pregnancy, before they have the chance to decide if they can take on the responsibility of bringing another human being into the world, that decision is made for them by a stranger.”

What does the bill mean for women?

It effectively takes women back in time, to a generation that were forced to commit to unsafe measures in order to terminate a pregnancy. Several states have tried to enact six-week abortion bans previously, however, these attempts have consistently been shut down by the courts.

Gov. Greg Abbott, upon signing the law said, “Our creator endowed us with the right to life, and yet millions of children lose their right to life each year because of abortion. In Texas, we work to save those lives, and that’s exactly what the Texas legislature did this session.”

It is of the utmost importance to keep the ruling of the landmark Roe v. Wade case and protect a woman’s right to choose. The limitation of a woman’s liberty within the United States seems contradictory when speaking of the land of the free.