Abortion is Still Legal in Texas… Even in 2023

Abortion is Still Legal in Texas

You may have heard that Texas is an abortion-free state.

It isn’t.

Right now, in 2023:

❌ Texas babies are still NOT PROTECTED from abortion, and

❌ Texas women are still not protected from coercion

Roe v. Wade is dead, but abortion is still legal in Texas.

Does that surprise you?

The truth is that Texas law expressly makes the fastest-growing method of abortion LEGAL for women.

Here’s how.👇

In Texas, nearly every Pro-Life law passed over the last 50 years has contained virtually the same MASSIVE LOOPHOLE.

From the Texas homicide code to the Texas Heartbeat Act to the Trigger Law, Texas law provides an exemption for mothers to give them complete legal immunity from prosecution even if they knowingly and willingly abort their babies themselves.

This means that in 2023 abortion is legal for mothers in Texas through all nine months of pregnancy.

What does Texas law say?

The surprising thing is that this massive loophole isn’t some obscure provision that’s hard to understand.

It’s pretty obvious.

See it for yourself in the Texas homicide code:

Texas Penal Code: Criminal Homicide

The same exemption exists in the Texas Heartbeat Act and the Texas Trigger Bill:

TEXAS TRIGGER BILL
[The Texas Human Life Protection Act] may not be construed to authorize the imposition of criminal, civil, or administrative liability or penalties on a pregnant female on whom an abortion is performed, induced, or attempted.” —Tex. Health & Safety Code § 170A.003

TEXAS HEARTBEAT ACT
[The Texas Heartbeat Act] may not be construed to authorize the initiation of a cause of action against or the prosecution of a woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of this subchapter.” —Tex. Health & Safety Code § 171.206(b)

You can find similar exemptions in nearly every Pro-Life law across the entire country.

While abortion clinics and doctors may be mostly banned from Texas and other Pro-Life states, abortion is still legal and easy to access.

But how does a woman get an abortion without an abortion clinic?

Easy.

  • She goes online and orders abortion pills from an organization like Aid Access.
  • The pills are shipped directly to her mailbox.
  • She takes them at home without the assistance of a medical practitioner.

It’s called a self-induced (a/k/a self-managed) abortion. Even post-Roe, this is legal for her to do in Texas — and she never has to visit a clinic.

Abortion is still legal in Texas in 2023

And do you know what else?

LAWS THAT KEEP IT LEGAL FOR WOMEN TO DO SELF-MANAGED ABORTIONS, MAY ALSO MAKE IT LEGAL TO PRESSURE OR COERCE WOMEN INTO ABORTION.[1]

That’s right. It’s not illegal to pressure someone to do something legal, unless you threaten them with violence

So, while it’s currently illegal in Texas for a husband or boyfriend or anyone to pressure a woman to commit homicide and kill her toddler, it is not illegal to pressure her to kill her preborn child.[1]

Are women really committing self-managed abortions in Texas?

Yes, they are — by the thousands.

As of February 2023, since the 2021 Texas Heartbeat Bill and 2022 Dobbs decision, studies indicate that overall abortions for Texas women have declined by at most about 5.4% (52,177 estimated annually down from 55,175 in 2020). Of these, an annual estimate of 32,916 (63%) take place at out-of-state clinics, while at least 19,260 (37%) take place in Texas using abortion pills ordered online.[2]

Did you catch that?

Even now that Roe is gone…

Even with the Texas Heartbeat Act and our Trigger Bill in force…

It is estimated that over 19,000 babies will still be legally killed by abortion on Texas soil this year. That’s 50+ babies every day.

God have mercy.

50+ Babies are Legally Killed Per Day by Self-Managed Abortion in Texas

The New York Times says “A Surge of Overseas Abortion Pills Blunted the Effects of State Abortion Bans”

As states banned or restricted abortion [after Dobbs], the number of American women ordering abortion pills from overseas jumped significantly — enough to offset most of the drop in legal abortions.

Overall, abortion in the United States declined about 2 percent in the first two full months after the Supreme Court overturned Roe v. Wade.”[3]

This isn’t a big surprise to anyone who has been watching abortion trends in recent years. Even before Roe was overturned, more than 50% of all reported abortions were medication abortions rather than surgical procedures.[4]

This form of abortion has been gaining popularity for years and, as this video from a pro-abortion organization shows, it is only getting easier to find and access without even leaving your home.

Mayday_Resist_080922_FINAL_WEB from Olivia Raisner on Vimeo.

Equal Protection is the Answer

Providing preborn babies with the equal protection of the homicide laws:

✅ PROTECTS Babies from abortion, and

✅ PROTECTS Women from coercion

 

 


NOTES:

  1. Not including the use or threat of violence against the woman.
  2. See Aiken, Abigail RA, Jennifer E. Starling, James G. Scott, and Rebecca Gomperts. “Requests for self-managed medication abortion provided using online telemedicine in 30 US states before and after the Dobbs v Jackson Women’s Health Organization decision.” JAMA 328, no. 17 (2022): 1768-1770. See also White, K., A. Dane’el, E. Vizcarra, L. Dixon, K. Lerma, A. Beasley, J. E. Potter, and T. Ogburn. “Out-of-state travel for abortion following implementation of Texas Senate Bill 8.” Tex Policy Eval Proj (2022).
  3. https://www.nytimes.com/2022/11/01/upshot/abortion-pills-mail-overseas.html
  4. https://www.guttmacher.org/news-release/2022/guttmacher-institute-releases-2020-abortion-provider-census-important-data-u