Texas lawmakers on Wednesday passed a bill aimed at clarifying the medical exceptions within the state’s stringent abortion ban, bringing the Republican-backed proposal closer to the desk of Republican Governor Greg Abbott.
The proposed legislation does not broaden abortion access in Texas nor does it provide a specific list of medical conditions that would qualify for an exception under the state’s near-total ban, which has been in effect since 2022. The current law only permits abortions to save the life of the pregnant individual and does not include exceptions for cases of rape or incest.
Despite its limitations, the bill represents a shift for Texas Republicans, who have consistently defended the existing ban against legal challenges and calls for clearer guidelines from medical professionals. Democrats have acknowledged the bill as a positive step, although some abortion-rights advocates have expressed skepticism about its potential impact.
The bill passed the House with a vote of 129-6 and now requires a final procedural vote before it can be sent to Governor Abbott, who has indicated his support for the measure.
The proposed changes specify that physicians will not face criminal charges for performing an abortion in a medical emergency that results in major bodily impairment. It also provides a definition for a “life-threatening” condition, defining it as one capable of causing death.
Similar near-total abortion bans in other states have faced numerous legal challenges and criticism from the medical community, which has argued that the medical exceptions provided are often too vague and create uncertainty for healthcare providers.
According to the Guttmacher Institute, a research organization supporting abortion rights, lawmakers in at least nine states with abortion bans have attempted to modify or clarify medical exceptions since the overturning of Roe v. Wade in 2022. Supporters of these clarification bills argue they have the potential to save lives, while critics question their ability to make state abortion laws truly easier to understand.
In Kentucky, a bill aimed at clarifying the state’s near-total abortion ban was vetoed by Democratic Governor Andy Beshear, who argued it did not adequately protect pregnant women. Republican lawmakers later overrode his veto. South Dakota also released a video for physicians outlining acceptable medical emergencies, which was criticized by abortion-rights supporters for its lack of specificity.
Kimya Forouzan, principal state policy adviser at the Guttmacher Institute, noted the inherent difficulty in creating clear and workable medical exceptions within abortion bans. Texas Republican Senator Bryan Hughes, a key architect of the state’s abortion ban, stated that the new bill aims to reduce confusion among doctors regarding the law.
The efforts in Texas follow a 2024 ruling by the Texas Supreme Court against a group of women who claimed they were denied abortions despite experiencing severe pregnancy complications. The court upheld that the state’s existing laws were clear in allowing abortions to save the life of the mother.
Mary Ziegler, a professor at the University of California, Davis School of Law and a historian of abortion politics, highlighted the challenges abortion opponents face in crafting legislation that provides clear medical guidance without granting physicians discretion that some might view as exceeding emergency situations.
Looking ahead, Texas Republicans are also pursuing other anti-abortion measures, including making the mailing, delivery, or manufacturing of abortion pills a civil offense, building upon a 2021 law allowing private citizens to sue those suspected of assisting a woman in obtaining an abortion. Attorney General Ken Paxton’s office has already filed criminal charges against a midwife for allegedly performing illegal abortions and is suing a New York doctor for prescribing abortion pills to a Texas resident.
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