A ban on abortions after 20 weeks of pregnancy went into effect in Texas Oct. 28. Three days later, a federal appeals court reinstated—at least temporarily—another restriction a U.S. District judge had rejected.
Texas joins 10 others states that have passed laws prohibiting abortions after 20 weeks of pregnancy. The Texas law allows exceptions if a physician determines the mother’s life or physical health is endangered, or if there is severe fetal deformity.
Ruled unconstitutional at first
Initially, U.S. District Judge Lee Yeakel ruled unconstitutional a provision that required physicians to have admitting privileges at a hospital within 30 miles of a clinic before performing abortions. Yeakel considered the requirement an unconstitutional burden with no legitimate medical purpose.
Attorney General Greg Abbott—a Republican candidate for governor—filed an emergency appeal of Yeakel’s order. Judges on the 5th Circuit Court of Appeals ruled the law requiring doctors to have hospital-admitting privileges could go into effect while a lawsuit challenging the restrictions moves forward.
Abbott called the appeals court decision “a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women.”
Some parts of law upheld
Yeakel upheld part of a provision that would restrict use of abortion-inducing pills, but he also asserted physicians can disregard state mandates in order to protect a patient’s health. The state mandate calls for doctors to follow Food and Drug Administration protocols approved in 2000.
The appeals court left that part of Yeakel’s order in place.
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Another aspect of the law that goes into effect next year requires any doctor’s office or clinic that performs more than 50 abortions a year to meet standards set for outpatient surgical centers.
The debate about abortion restrictions in Texas captured national attention when Wendy Davis, a Democratic state senator from Fort Worth, filibustered the abortion law 13 hours, delaying its passage until a third special session of the Texas Legislature.
“Texas families are stronger and healthier when women across the state have access to quality healthcare,” said Davis, an announced gubernatorial candidate.
Temporary order in effect until after end of year
The judicial panel’s temporary order remains in effect until the court holds a full hearing, probably in January.
“Texas Baptists generally have great concern about the practice of abortion as birth control. In the midst of this legal process, I hope we will continue to pray and work to prevent unwanted pregnancies. The lives of young women and babies are a treasure of God,” said Ferrell Foster, interim director of the Texas Baptist Christian Life Commission.
During floor debate on the abortion restrictions during the third special session in July, Sen. Eddie Lucio, D-Brownsville, cited a letter from Baptist General Convention of Texas Executive Director David Hardage. The letter reminded lawmakers about resolutions against abortion the BGCT has adopted at its annual meetings.
“Texas Baptists have had a consistent and clear position regarding the morality of abortion. Abortion is inconsistent with Christian practice and should be avoided,” the letter stated.
The Senate subsequently passed the abortion restriction bill 19-11, with Lucio as the lone Democrat voting in favor. Gov. Rick Perry signed it into law July 18.
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