Texas Judge Declares the State’s Abortion Law Unconstitutional

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A judge has declared Texas’ abortion law as being unconstitutional.

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It comes after Texas Governor, Greg Abbott, signed into place one of the country’s most restrictive laws banning abortion.

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Scroll on to find out more…

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Now, the topic of abortion is a sensitive one.

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Abortion has long been known as a somewhat “taboo” topic, with women historically being forced to risk their lives in order to terminate their unwanted pregnancies.

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A 1973 U.S. Supreme Court case, Roe v. Wade, affirmed that a woman’s access to safe and legal abortion is a constitutional human right.

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But the right to an abortion has been dealt a heavy blow in recent years.

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Here in the U.S. the right to safe and legal abortion has been the law of the land for more than forty-five years and is a part of the fabric of this country.

Brett Kavanaugh’s confirmation to the Supreme Court dealt a huge blow to our right to access safe, legal abortion. However, Kavanaugh was nominated by President Trump, who had previously made a clear promise to nominate judges who would “automatically” overturn Roe v. Wade.

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And, of course, the Alabama abortion ban sparked huge outrage and controversy…

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On May 14, 2019, Alabama legislators passed a bill banning abortions. This triggered an outcry across the world, with millions standing forward in support of women’s rights.

Republican, Governor Kay Ivey, said after signing the bill: “The bill stands as a powerful testament to Alabamians’ deeply held belief that every life is precious and that every life is a sacred gift from God.” And as of 2021, only 3 clinics remain in the state of Alabama.

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Other states have imposed similar bills…

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Georgia, Kentucky, Mississippi, and Ohio have signed bills in recent months that ban abortions if an embryonic heartbeat can be detected.

These are often referred to as “heartbeat bills,” meaning abortion is banned after 6 weeks of pregnancy, when the fetus has fully developed a heartbeat.

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It can feel as though we’re going backwards…

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And there are still so many people who don’t think women deserve the right to a safe abortion.

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There is still a huge stigma attached to the topic.

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While it’s now legal in many countries across the world, there’s no doubt that abortion remains a taboo topic, especially with the right to a safe and legal abortion facing numerous challenges.

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There seems to be no middle ground…

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Both pro-life and pro-choice activists feel very strongly about their views. Although there’s no doubt that pro-lifers can go to extremes to air their views.

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Often they will protest outside abortion clinics…

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These people, or anti-abortionists, as they are commonly referred to as claim that they believe in “pro-life” and that terminating a pregnancy is up in the same ranks as “murder.”

And with phrases like “murderer” and “baby killer” often thrown about, it’s no wonder so many women feel frightened and ashamed when it comes to abortion.

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But what people don’t understand is that the opposite of pro-life isn’t abortion…

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It’s believing that the right to choose what happens to your body is fundamentally important.

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Ever since the Governor of Texas signed legislation to ban abortions after 6 weeks of pregnancy earlier this year…

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People have been left outraged…

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The legislation, S.B.8, means woman more than 6 weeks pregnant will be prohibited from having an abortion.

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It is considered by many to be an almost total ban on abortions in Texas as many women do not know if they are pregnant until after 6 weeks.

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Laws like this often generate the name “heartbeat ban”…

This is because the 6-week mark is earliest point that the heartbeat can first be detected.

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The legislation will only allow for exceptions if “a physician believes a medical emergency exists,” People reports.

But for those who are carrying a baby as a result of sexual assault or incest, abortion will not be permitted.

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Speaking about the bill, Abbott said:

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“Our creator endowed us with the right to life and yet millions of children lose their right to life every year because of abortion.”

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“In Texas, we work to save those lives.”

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“And that’s exactly what the Texas legislature did this session.”

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But of course, many disagree…

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Policy and advocacy strategist at the American Civil Liberties Union of Texas, Drucilla Tigner, described the law as “the most extreme abortion ban in the country” to the Austin American-Statesman.

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While the executive director of Planned Parenthood Texas Votes, Dyana Limon-Mercado, said in a statement: “Politicians in the Texas Legislature, at the urging of Gov. Greg Abbott, have passed one of the most extreme bills in the country by banning abortion at six weeks.”

“For a person with a normal menstrual cycle, that is only two weeks after a missed period. When you factor in the time it takes to confirm a pregnancy, consider your options and make a decision, schedule an appointment and comply with all the restrictions politicians have already put in place for patients and providers, a six-week ban essentially bans abortion outright.”

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“The Texas Legislature is wildly out-of-touch with the majority of Texans who have made it clear that they oppose extreme abortion restrictions.”

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“Yet, rather than pass Medicaid expansion, address the electricity grid, or provide any substantive COVID-19 relief, state politicians have prioritized attacking trans kids, carrying handguns without a license, restricting voting rights, and banning critical health care.

“This session has been one of the most cruel and disappointing displays of political opportunism in recent memory. And it’s everyday Texans, especially Black and brown Texans, who will suffer the consequences.”

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“Planned Parenthood will do everything it can to protect its patients and people’s access to essential reproductive health care — and that includes holding Abbott and state legislators accountable at the ballot box.”

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“Our movement knows how to withstand even the toughest attacks, and this moment is no different. We will continue the fight, no matter what.”

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The law came into effect on September 1st 2021, and people haven’t stopped protesting it ever since.

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But now, a judge has found the law to be unconstitutional.

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A Texas judge has ruled that the 6 week abortion law violates the state’s constitution.

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This is because it allows private citizens to sue abortion providers, Reuters reports.

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The judges ruling is a big step forward for abortion rights advocates, however it doesn’t change things for many abortion providers.

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Many clinics are still unlikely to resume procedures because the decision by the judge does not include an injunction.

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Communications director at Whole Woman’s Health, Jackie Dilworth, told the Texas Tribune that their 4 clinics in Texas will not resume full services yet.

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However, should an injunction be issued, they would be “eager” to do so.

What do you think of the law?

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