Texas Legislators Pass Bill to Clarify Medical Exceptions in Abortion Ban

The Texas legislators passed a legislative template on Wednesday to clarify medical exceptions under one of the most restrictive bans in the United States. The changes would not expand access to abortion in Texas or list specific medical exceptions below the almost total ban of the state, which came into force in 2022 and only enables an abortion to save the mother’s life.

There would also be no exceptions to cases of rape or incest. But the proposal is still a pivot point for Texas Republicans, as the law has defended years of medical providers and has been the subject of legal challenges and requests for clarity.

Impact on Medical Providers

The legislation would find that doctors cannot have criminal charges due to abortion in a medical emergency that causes severe body impairments. It also defines a “life-threatening” illness as one able to cause death. The bill passed 129-6 and only needs a final procedural vote before it reaches the governor’s desk.

Doctors in Texas have mixed feelings about the bill, which does not contain a list of certain diseases or fatal fetal anomalies as exceptions. One doctor, who traveled out of state for an abortion due to a fatal illness diagnosed in her fetus, said that it will be difficult to undo the broad understanding that abortions are illegal in Texas.

Moves to Clarify Medical Exceptions

Legislators in at least nine states with abortion bans have tried to change or clarify medical exceptions that enable doctors to carry out an abortion if the mother’s life is endangered. Followers of these bills said they had the potential to save lives, while critics questioned whether they make state abortion laws easier to understand.

In other states, such as Kentucky and South Dakota, similar bills have been met with criticism from abortion rights groups, who argue that they do not provide enough clarity or protection for pregnant women.

Navigating Exceptions Under Abortion Bans

The efforts of Texas lawmakers highlight the challenges that opponents of abortion face in navigating medical exceptions. In 2024, the Supreme Court of Texas decided against a group of women whose abortions were denied after serious pregnancy complications that threatened their lives and fertility.

For opponents of abortion, it is difficult to create laws that do two different things: give clear instructions on when medical interventions are justified without making discretion available to ensure abortions that they don’t believe are emergencies.

Other Abortion-Related Laws in Texas

Texas can advance other laws against abortions, including a ban that prohibits almost all abortions, except to save the mother’s life. Doctors can be fined up to $100,000 and serve up to 99 years in prison if they are convicted of illegal abortion.

The state is also promoting efforts to restrict the distribution of abortion pills and expanding a law that enables private individuals to sue others who they suspect of helping a woman receive an abortion.