Three years ago, Dr. Austin Dennard left Texas for an abortion after her fetus was diagnosed with a fatal condition. She later testified in a lawsuit how the state’s near-total ban on abortion put her health at risk.
On Wednesday, a key vote is scheduled on a bill that aims to clarify medical exceptions under one of the nation’s most restrictive bans. But Dennard’s feelings are mixed about the bill, which does not list specific medical conditions or include fatal fetal anomalies as exceptions.
“What is broadly now known among practicing physicians in Texas is that abortions are illegal,” said Dennard, an OB-GYN in Dallas. “Undoing that broad understanding is going to be difficult.”
For the first time since Texas’ abortion ban took effect in 2022, both Republicans and Democrats are coalescing behind legislation to clarify medical exceptions. For Republicans, the bill is a significant pivot after years of defending the ban in the face of legal challenges, while some abortion-rights supporters have questioned whether it will make a difference.
The bill would specify that doctors cannot face criminal charges for performing an abortion in a medical emergency that causes major bodily impairment, and it defines a “life-threatening” condition as one capable of causing death. It would not broaden exceptions to include cases of rape or incest.
Similar near-total abortion bans across the country have faced numerous legal challenges and criticism from medical professionals who have said that medical exceptions are too vague.
Moves to clarify medical exceptions
Lawmakers in at least nine states with abortion bans have sought to change or clarify medical exceptions that allow doctors to perform an abortion if the mother’s life is at risk since Roe v. Wade was overturned in 2022, according to the Guttmacher Institute, a research organization that supports abortion rights.
Supporters of these bills have said they have the potential to save lives. Critics, including some abortion rights groups, have questioned whether they make state abortion laws easier to understand.
In Kentucky, Democratic Gov. Andy Beshear earlier this year vetoed a bill that GOP lawmakers touted as bringing clarity to that state’s near-total abortion ban, saying it would not protect pregnant women. Republican lawmakers later overrode his veto.
Last year, South Dakota released a video for physicians that outlined examples of acceptable medical emergencies that received criticism from abortion rights supporters for not being specific enough.
“I think these bills are trying to get at the reality that exceptions are really hard to comply with,” said Kimya Forouzan, principal state policy adviser at the Guttmacher Institute.
Still, Texas Republican Sen. Bryan Hughes, an architect of the state’s abortion ban, said the new bill’s goal is to avoid confusion among doctors.
“One of the most important things we want to do is to make sure that doctors and hospitals and the hospital lawyers are trained on what the law is,” Hughes said.
Navigating exceptions under bans
In 2024, the Texas Supreme Court ruled against Dennard and a group of women who say they were denied an abortion after experiencing serious pregnancy complications that threatened their lives and fertility. The court ruled that the state’s laws were clear in allowing doctors to perform an abortion to save the life of the mother.
Texas’ efforts underscore the challenges abortion opponents have had to navigate regarding medical exceptions, said Mary Ziegler, a professor at the University of California, Davis School of Law and a historian of abortion politics in the U.S.
Judges have put enforcement of Utah’s abortion ban on hold in a case over exceptions, for example, and they struck down two Oklahoma bans over medical exceptions – though most abortions in that state remain illegal.
For abortion opponents, Ziegler said, it’s tricky to craft legislation that does two different things.
“Can you provide clear guidance as to when medical intervention is justified without providing physicians discretion to provide abortions they don’t think are emergencies?” Ziegler said.
Texas may advance other anti-abortion laws
Texas’ ban prohibits nearly all abortions, except to save the life of the mother, and doctors can be fined up to $100,000 and face up to 99 years in prison if convicted of performing an abortion illegally.
Attorney General Ken Paxton’s office has filed criminal charges against a midwife for allegedly providing illegal abortions and is also suing a New York doctor for prescribing abortion pills to a Texas woman.
Texas Republicans are also advancing efforts to make it a civil offense to mail, deliver or manufacture abortion pills, expanding on a 2021 law that allows private individuals to sue others whom they suspect are helping a woman obtain an abortion.
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Republished with permission from The Associated Press.
