SAN ANTONIO – Texas’ “trigger” law takes effect Thursday, two months after the U.S. Supreme Court ruled to overturn the federal right to abortion.
The latest law does not target pregnant people. However, it increases the penalties for abortion providers to no less than $100,000 and a sentence of up to life in prison.
When it comes to abortions in Texas, providers say not much has changed in the last two months.
“The bottom line is, if you need access to care in Texas, you can’t get it,” said Drucilla Tigner, deputy director of Planned Parenthood Texas Votes. “You can still get access to birth control. You can still get access to Plan B, but if you need an abortion, if you are currently pregnant and you need an abortion, you cannot get that care legally here in Texas. You’ll have to drive out of state.”
Andrea Gallegos, the executive administrator for Alamo Women’s Reproductive Services of New Mexico, said, “Yes, the trigger law is officially in effect. However, as you know, we haven’t been able to provide abortions in Texas since the end of June. So, while today is certainly significant, it doesn’t really change the course of what, you know, pregnant people seeking abortions have been facing and what providers have in place and in Texas.”
On June 24, Planned Parenthood and Alamo Women’s Reproductive Services stopped providing abortion services to consult with their lawyers.
“Abortion has been banned in Texas for several months since Roe v Wade was decided, and that’s because of another abortion ban that’s currently in effect in Texas, which was enacted in 1925 and came back after Roe v Wade was decided,” Tigner said.
In July, the Texas Supreme Court said the 1925 ban could be enforced nearly 100 years later.
“And that is layered on top of the Texas six-week ban, which we are coming up on the year anniversary of,” Tigner said.
The Texas Heartbeat Act, Senate Bill 8, or SB 8, bans abortions after six weeks of pregnancy when fetal cardiac activity can be detected.
The latest law makes performing an abortion from the moment of fertilization a felony unless dealing with a medical emergency. However, Tigner said it has caused confusion among abortion seekers and providers.
“Anybody who is actively in the system of abortion care is in a state of confusion,” Tigner said. “People are scared. They’re scared to make a mistake. They’re scared to make a wrong turn. Doctors and hospitals are afraid to provide that care, and folks have been denied or the care has been delayed. We expect that to continue and to worsen when the penalty for making a mistake in this situation is life imprisonment.”
Providers violating the ‘trigger law’ could face up to life in prison and a fine no less than $100,000, which is why providers, including Alamo Women’s Reproductive Services, relocated to New Mexico over the summer.
“We just opened on Monday. This is our first week open in Albuquerque,” Gallegos said. “And, yes, the trigger law is officially in effect.”
The demand for abortions, according to Gallegos, has not decreased as they’ve seen patients from New Mexico, Oklahoma, Texas and Louisiana.
“We are going to be open on Saturdays. Just on Saturday alone, we have about 30 patients scheduled for Saturday.”
While abortion remains illegal in Texas, some district attorneys in the state, including in Bexar County, have said they will not pursue criminal charges.