We remain grateful for the U.S. Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade. Dobbs reversed 50 years of Supreme Court precedent of a federal constitutional right to abortion and returned authority to legislate abortion to the people and their elected representatives. Although the monumental Dobbs opinion was released on June 24, a decision is not official until the High Court issues its final judgment.
DOBBS OFFICIAL JUDGMENT STARTS 30 DAY COUNTDOWN TO TEXAS TRIGGER LAW— THE HUMAN LIFE PROTECTION ACT OF 2021
Yesterday, SCOTUS issued its final judgment in Dobbs which begins the 30 day time period before the Texas Human Life Protection Act of 2021 goes into effect. The Human Life Protection Act (HB 1280) is also known as Texas’ pro-life “Trigger Law.” Texas is one of 13 states in the nation that has a Trigger Law outlawing abortion.
HB 1280 provides: (See HB 1280 HERE)
- Protection of an unborn baby from conception until birth.
- Violation of the law is a first-degree felony for the physician or other health care professional punishable for up to 99 years imprisonment if an unborn child dies.
- Violators will be subject to a civil penalty of $100,000 or more.
- The appropriate licensing authority must revoke the medical license or certificate of a physician or other health care professional who performs, induces or attempts an abortion.
- Exceptions in the exercise of a licensed physician’s reasonable medical judgment for medical emergencies posing life-threatening conditions or serious risk of substantial impairment of a major bodily function to the pregnant female. According to recent testimony in hearings before the U.S House of Representatives from Dr. Christina Francis, a Charlotte Lozier Institute Associate Scholar and board-certified Ob/Gyn: “False claims abound that state abortion restrictions will prevent physicians from being able to treat ectopic pregnancies, miscarriage, and other life-threatening complications in pregnancy (such as an intrauterine infection). This is blatantly absurd, as not a single state law restricting abortion prevents treating these conditions.” (Watch Dr. Francis’ testimony HERE)
- No authority for the imposition of criminal or civil liability on a pregnant female on whom an abortion is performed, induced or attempted.
1925 PENAL CODE ABORTION PROHIBITION & THE HEARTBEAT ACT
Meanwhile until the Texas Trigger Law goes into effect at the end of August, abortion is already banned in Texas and abortion clinics have closed. Texas has a nearly century old law on the books banning abortion that was never repealed when Roe was handed down in 1973. On July 1, the Texas Supreme Court allowed civil enforcement of the 1925 pre-Roe ban. (See the Texas Supreme Court’s Order HERE)
Even without Texas’ 1925 ban or the Trigger Law, the Texas Heartbeat Act which bans abortion after a baby’s heartbeat is detectable, typically at about six weeks, remains in place. An estimated 30,000 babies have been saved since September 2021 by the Texas Heartbeat Act. We thank God for those precious babies’ lives and the hundreds of pregnancy resource centers, maternity homes and adoption agencies across Texas providing free, compassionate services and vital resources to vulnerable women, men and families facing unplanned pregnancies.