What counts as an abortion in Texas? Trigger law, health code leave some exceptions
Since the Supreme Court’s overturn of Roe v. Wade, almost all abortions will be illegal, either immediately or in the coming months, in Texas.
House Bill 1280, also called the “trigger law”, outlaws abortion following the overturn of Roe v. Wade. The law is set to take effect 30 days after the Supreme Court’s judgment, which is separate from its opinion made on June 24. The judgment could come a month or longer from the opinion, so an exact effective date is unknown.
The “trigger law” has some exceptions for abortions. Here is what it includes.
What does Texas consider an abortion?
According to the Texas Health and Safety Code, an abortion is “the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant.”
The code lists some exceptions to what is considered an abortion which includes:
Removal of a dead fetus whose death was caused by spontaneous abortion
Saving the life or preserving the health of an unborn child
The “trigger law” also makes an exception for licensed physicians using reasonable medical judgment to perform an abortion in the case of a life-threatening or major bodily impairment to the person giving birth.
Will birth control or contraceptives be banned in Texas?
The Texas Health and Safety Code does not count birth control or contraceptives as a form of abortion.
The right to purchase and use contraception was established in two Supreme Court cases, Griswold v. Connecticut for married couples and Eisenstadt v. Baird for unmarried people.
Contraception and birth control were not banned in the overturn of Roe v. Wade, although Justice Clarence Thomas said in his concurring opinion that in future cases substantive due process precedents established in cases like Griswold v. Connecticut should be reconsidered.
Will abortion pills be banned in Texas?
It is illegal for anyone to mail abortion pills or similar pregnancy termination pills under Texas law. However, the Star-Telegram previously reported that enforcing state law on groups operating outside of Texas would be difficult, meaning mailed abortion pills to Texans is likely to continue.
