New Texas Resolution Seeks Constitutional Protections for Abortion and IVF Rights

One of the hot topics in recent elections has been the Supreme Court's decision to overturn Roe v. Wade, which previously guaranteed a woman’s right to an abortion at the national level. The overturning of Roe v. Wade returned the power to regulate abortion laws to individual states. Texas is one of the states that enacted a near-total ban on abortions following this decision.

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In Texas, abortion is currently illegal. The Texas Health and Safety Code 170A prohibits abortions in almost all circumstances and forbids individuals from performing, inducing, or attempting an abortion.

Are there any circumstances where a person could receive an abortion in Texas?

According to the Texas State Law Library, there are exceptions to the law:

• A licensed physician must perform the abortion.
• The patient must have a life-threatening condition and be at risk of death or "substantial impairment of a major bodily function" if the abortion is not performed. "Substantial impairment of a major bodily function" is not defined in this chapter.
• The physician must try to save the life of the fetus unless this would increase the risk of the patient's death or impairment.

Could the law change?

Texas House Representative Ana-Maria Ramos is sponsoring legislation to change the law and add an amendment to the Texas Constitution.

Representative Ramos has introduced House Joint Resolution 80 (HJR80) which proposes a constitutional amendment guaranteeing the rights to an abortion and to assisted reproductive technology treatments and procedures, including in vitro fertilization.

To approve this joint resolution, a two-thirds vote is required from both the Texas House of Representatives and the Texas Senate.

HJR80 is currently in the early stages, having been filed on Tuesday, November 12th.