Q1

What does the bill do?

A. Life begins at conception. In fact, Texas law already defines an individual human person to include an unborn child from the moment of conception. HB 896 takes that fact to its logical conclusion to protect all unborn children.

As President Trump said in his State of the Union speech, “All children--born and unborn--are made in the holy image of God.” HB 896 would treat all human life, born and unborn, as equally valuable and sacred by ensuring equal protection for all.*

Our Republican party principles state, “We believe in the sanctity of innocent human life, created in the image of God, which should be protected from fertilization to natural death.” HB 896 would apply that principle and the Republican priority to abolish abortion by refusing to enforce Roe v. Wade because it deprives an unborn child of the right to life.

* A recent misconception and scare-tactic used by some is that the bill would “sentence women who have abortions to death,” but that is not true, as discussed below.

Q2

How would the bill be enforced if it passed?

A. Ultimately, there should be little enforcement needed. All of the law-abiding citizens who currently get or do abortions would stop once it became illegal, and the bill does not apply to abortions done before the bill becomes law. The bill also would not apply to anyone who is forced into an abortion, to someone who had a reasonable mistaken belief about what they were doing, or to situations involving necessity, such as physicians trying to save the lives of both mother and child but prioritizing care based on triage.

For the few abortions that might continue, the job of enforcing the law would be handled by our justice system, which would look something like this:

Law enforcement would decide whom to investigate and, if necessary, whom to arrest, if anyone.

If law enforcement arrested someone, prosecutors would decide whether or not to prosecute, whom to prosecute, whether to take the case to a grand jury, what to charge someone with, and whether or not to give someone immunity. For example, the bill would motivate a mother to testify against the abortionist and she would be given immunity for doing that.

If prosecutors did bring charges, judges and juries would then decide whether someone is guilty or not, what they are guilty of, if anything, and what the penalty should be.

From there, appellate courts would decide whether the law was applied correctly.

Finally, the governor of Texas would decide whether or not to grant a pardon, a reprieve, or to commute the sentence.

In this entire process, the idea that all of these members and institutions of our justice system would unite to unanimously agree to order the death penalty for an abortive mother is so unlikely as to be absurd. HB 896 certainly would not require that result. All that the bill would do is remove discriminatory provisions and apply the same equal protections to people before they are born as they get after they are born. If unborn children are equally valuable, they should receive equal protection. If abortion is wrong for anyone, it should be wrong for everyone.

Q3

How would the bill be enforced if it passed?

A. No. The committee has until May 6 to vote to favorably report the bill to the Texas House of Representatives.  Chairman Leach can call a vote any time his committee meets for the duration of this legislative session.

Q4

I heard that if the bill author just changed the bill on one point that it could still pass. Is that true?

A. Those who do not want the blame for stopping the bill that would stop abortion in Texas this year want everyone to believe that if the bill author just changed the bill on one point that it could still pass, but that’s not true.

If the chairman and other committee members were truly committed to passing the bill except for one point, they have the power to submit amendments or even to adopt an entire committee substitute without the consent of the bill author. In other words, if the committee were interested in outlawing even most abortions this session, they could amend the bill to take out the part they do not like and then approve it. That kind of amendment could also happen on the House floor, where it would be expected to pass easily. The bill author is not preventing the committee or the rest of the House from doing any of that if their sincere desire were really to abolish abortion in Texas this session.

The real story is that Republican leadership does not want a bill that would end even most abortions to get a vote either in this committee or on the House floor.  If they did want that, the committee would have already just changed the bill themselves.

Q5

What can we be doing?

Spread the word. The only way that we can save lives and impact this legislation is to get our friends, family, churches, and neighbors involved. If chairman Leach blocks this bill from being voted on it will effectively be a death sentence 110,000 preborn children in the State of Texas over the next two years.  Please encourage people to sign the petition and contact their elected officeholders (insert link here). Thank you!

A PROJECT OF

IN PARTNERSHIP WITH 

COPYRIGHT © 2020 ABOLISH ABORTION TEXAS | PRIVACY

To the Republican Party of Texas:

Make Immediate Abolition of Abortion a Legislative Priority

WHEREAS We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life.

WHEREAS The Republican Party of Texas Platform states: “We believe in… [t]he sanctity of human life, created in the image of God, which should be protected from fertilization to natural death” (PRINCIPLES, page 3); and it later states: “All innocent human life must be respected and safeguarded from fertilization to natural death; therefore, the unborn, the aged, and the physically or mentally challenged have a fundamental individual right to life, which cannot be infringed” (PROTECTING INNOCENT HUMAN LIFE, page 14).

WHEREAS Texas Penal Code Section 1.07(38) defines the word "Person" to include "an individual," and Section 1.07(26) defines the word "Individual" to mean "a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth."

WHEREAS Murder of unborn children is a crime under Texas Penal Code Chapter 19, but section 19.06 exempts abortion.

WHEREAS The 14th Amendment to the United States Constitution provides that no state shall deny to any person within its jurisdiction the equal protection of the laws.

WHEREAS The 10th Amendment to the U.S. Constitution provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

THEREFORE, BE IT RESOLVED that we urge the Texas legislature to abolish abortion through enacting legislation which would immediately secure the rights to life and the equal protection of the laws to all preborn children and would ignore and refuse to enforce any and all federal statutes, regulations, orders, and court rulings which would deny these rights.

BE IT FURTHER RESOLVED that this resolution calling for immediate abolition be adopted as a Legislative Priority by the Republican Party of Texas, and that any language offered which would legitimize the unconstitutional Roe v. Wade line of opinions or would deny equal protection be rejected.

Make Immediate Abolition of Abortion a Legislative Priority!

These resolutions will be presented to the Republican Party of Texas to urge them to make the Immediate Abolition of Abortion a priority for the 2021 Legislative session.


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