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In the US, abortion has always been a sensitive issue, with divisive opinions and cultural beliefs standing against it. The Texas Heartbeat Act, signed into law by Gov. Greg Abbott, has recently drawn many views and controversies on federal family laws. As per the heartbeat act, abortions after six weeks of pregnancy stands banned in Texas. This is possibly the strictest law signed on abortion in the country. If a person finds an abortion provider offering services to a woman in her sixth week of pregnancy, they can be punished.
America has been reeling with anti-abortion laws and movements for the last two decades now. The pro-choice group roots abortion as it is a choice of the mother or parents concerned. On the other hand, the pro-life group emphasizes the importance of life inside the fetus, and they are strictly against abortions. In the period before 1840, the practice of abortion was widespread in the US. This is because the quickening doctrine from the British Common Law was used for abortion cases at that time. The feeling of movement of the fetus between the fourth and sixth months is known as quickening, and it was only the mother who could sense the fetal movement, and then they could go for an abortion. Later, some historians confirmed that the laws against post-quickening abortion were mainly intended for the pregnant woman’s well-being rather than the fetal life [1].
The anti-abortion movement in America was an eye-opener for most. Here are some of the key points on which the movement spoke about-
When the Supreme court allowed the new abortion law in Texas, it was a tough decision taken after decades on abortion. If medical professionals can feel the heartbeat or movement of the fetus within the sixth week of pregnancy, further abortion is not permitted. Most of the time, women do not even know if they are pregnant or not unless they are in their sixth week.
The new law allows any state citizen to sue abortion service providers that aids or allures women into abortion. However, abortion patients cannot be sued as per the law. The person who brings in the complaint or lawsuit is entitled to at least a $10,000 reward if the case prevails in the court of law. The state’s largest anti-abortion group, “Texas Right to Life,” has developed a website wherein they receive tips and common violation techniques people might use. With this information, their lawyers can file lawsuits in court. In Texas, there has been an estimated 54,000 abortions in 2020, out of which more than 40,000 cases were either on the eighth week or less [2]. Even as per the new law, some of these abortions can be regarded as legal as it was done before any cardiac activity was detected in the fetus.
The significant difference is the enforcement mechanism of the law in Texas. The Texas Heartbeat Act leaves it on the citizens to sue abortion providers if they violate the law. However, that is not the case with other states. The states’ statutes and legal action from the government are taken up in other states in case of abortion providers if they go wrong. Texas happens to be one of the 14 states that legally restrict abortions on or after the sixth week of pregnancy. In other states, the law is yet to be approved. For example, a new Arkansas law has been kept on hold in the court, which banishes all abortion practices unless it intends to save the mother.
Right after the historical Texas heartbeat Act was approved, the most discussed question was- Does this law asks rape victims to have the baby? While the immediate interpretation might have been this, but the intentions weren’t the same. Texas Governor, Greg Abbott, responded that anyone can get their abortion done until the sixth week. In the case of rape victims, they need to consider abortion before the sixth week. The idea he portrays is that of a Texas city without any rapists because the laws against rapes would be so much more stringent.
As experts say, most women might not know that they are pregnant unless it is the sixth week of pregnancy. And once they are in the sixth week, they cannot legally go for abortions because of the prevalent Texas Heartbeat Act! The question and the debate surging with time is that if a rape victim is unaware of her pregnancy until the sixth week and cannot abort the fetus, who would be responsible for the plight?
When it comes to white-collar crimes and a lawsuit against abortion service providers, it is always suggested to have the best legal expert on your side. The heartbeat bill allows citizens to file lawsuits if they find inappropriate abortion practices by someone. The Legal Helpers can make your search easy for the best attorney near you to file such a lawsuit. In addition, having an expert will enhance your chances of proving your point as attorneys with federal family law backgrounds will have sufficient knowledge and experience to pick you out of any soup!
Resources-
1. https://www.oah.org/tah/issues/2016/november/abolishing-abortion-the-history-of-the-pro-life-movement-in-america/
2. https://apnews.com/article/health-texas-us-supreme-court-laws-gun-politics-15b5ade8ad341cd7f9e61da10a994c43
