The Realities Of Abortion Laws: How I Accessed Life-Saving Medical Care In Texas

After two healthy pregnancies and fairly smooth, unmedicated births, I went into my third pregnancy with the usual initial anxiety, but an overall sense of confidence gained through experience. I think many women can attest to an ever present sense of nervousness when it comes to pregnancy, but other than the usual “what if’s” that tend to plague my constantly racing mind, I reminded myself I had no reason to believe this pregnancy would be any different than my others.

There were some small abnormalities from the beginning; due dates being a little off from what I expected, a lower but still normal heart rate at 6 weeks pregnant, and my HCG being on the higher end, but all still within the normal range. I proceeded with my appointments, ultrasounds, and initial check ups that continued to show everything progressing as usual.

I moved out of the first trimester and, despite being sicker than I had ever been previously, things all seemed to be progressing with business as usual. Around 16 weeks, I experienced symptoms that pointed to a subchorionic hemorrhage; essentially where blood collects in a small pocket between the uterine wall and the amniotic sac. While it can pose some concerns, this is usually not a major issue for mom or baby and most pregnancies continue normally.

I expected to go in for the ultrasound, confirm the hemorrhage, and take it easy until things let up. We were devastated to learn however, that our little baby’s heart had stopped beating and growing a few weeks prior. In addition, they found what was classified as a partial molar pregnancy, where an egg is fertilized by two sperm and receives two sets of chromosomes. We came to find out that a partial molar pregnancy rarely creates both the cells of the partial molar pregnancy and a baby, let alone one that develops a beating heart and continues to grow for as long as our’s had. A partial molar pregnancy also comes with a rare cancer risk that requires additional monitoring and interventions, and we were thrown into a whirlwind of appointments, specialists, and decisions we never wanted to make.

I would be lying if I said I wasn’t concerned when we initially received all the prognoses, due to the fact that we live in Texas, one of the states with the strictest abortion bans. As a staunchly pro-life, deeply religious conservative who doesn’t think twice about how to vote on this issue, I was immediately consumed by a voice that told me “you’re going to struggle to get the care you need.” Despite my firm beliefs, the repeated lies of the media and claims of feminists lurked in the back of my mind, making me fearful that perhaps I really was about to have my “reproductive rights” restricted. 

However, these fears were fleeting. Not one step of the way was I denied care in any aspect, despite presenting a highly complicated and nuanced situation. We weighed the pros and cons of miscarrying at home, the risks of surgery, and the potential consequences for my personal health and the future of our family. After taking into account test results that were performed over several days to ensure accurate information, thorough second opinions, and my safety, we ultimately opted to have surgery performed at 18 weeks. My surgery for a missed abortion (the medical term for a miscarriage), a dilation and curettage (D&C), the same surgery used for procedural abortions, was never treated as anything other than a standard medical issue to be dealt with, with all the usual protocols.

A D&C involves dilating the cervix and then sucking or scraping out the baby and all pregnancy tissue from the uterus. I ended up having several complications during surgery, including higher blood loss than expected. I was treated for these complications during and after surgery, including emergency blood transfusions and careful monitoring by my medical team. I required a variety of specialists and types of medical care, none of which were ever denied or given a second thought. The hospital even worked with a cemetery of our choosing, and we were able to have the remains of our baby buried in order to give them the proper respect and dignity due to any human. 

It is important to note that even if our baby had a heartbeat, the partial molar aspect of my pregnancy was indeed very life threatening and an abortion still would have been allowed under the law, even though we wouldn't have chosen that for ourselves.

Every pregnancy, and every pregnancy complication, is always going to vary from person to person. The legislation clearly allows for this flexibility, and despite the feminist cries stating that decisions should be between a woman and her doctor, the laws in every state (yes, every state) do actually allow for just that. 

What the Strictest Laws on Abortion Restrictions Actually Say

Texas has some of the strictest abortion laws in the country. After the reversal of Roe v. Wade, Texas enacted a total ban on abortions. However, Section 170A.002 of the Texas law details three essential exceptions:

• 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.

It is therefore up to the discretion of a licensed physician, who by all medical standards must have the well being of their patient at the center of their treatments and decisions, to have the authority to decide to perform an abortion, typically done by D&C, in any medical emergency a situation may necessitate. A.k.a a decision between a woman and her doctor, just like the left demands.

The first exemption states that it is a licensed physician who must perform the abortion. While a D&C (procedural abortion) is a surgery, many non-physicians (like those often employed by Planned Parenthood) do perform D&C’s. This requirement is actually a safeguard intended to protect women so that medications like mifepristone, and surgical abortions, are only prescribed and performed by highly trained and educated medical professionals.  This verbiage is intentional, unlike that of the requirements in 16 other U.S. states that do not require a doctor to perform these abortion procedures or prescribe these medications that carry various risks. It is doctors and hospitals that are equipped to handle these cases and protect the well being of women, not free standing facilities.

The second exemption allows for exceptions if any bodily function of the mother would be substantially impaired without the sought after medical care. Substantial impairment is intentionally undefined here, as it is once again between a woman and her doctor to determine the risk to the mother. A trained professional has the ability to determine what substantial impairment is, and is not constrained by the law in such a way in which any woman should be fearful of gaining access to necessary treatment. This is a vague term on purpose, meant to give a doctor the necessary leeway to make the appropriate medical call. 

The final exemption states that, if possible, a doctor should try and save the life of the baby unless it would cause harm to the mother. This particular exemption is often hard to fulfill, as the baby dying is frequently the only and necessary consequence of a medically necessitated abortion. This would apply in the case of something like an ectopic pregnancy, where the fetus has implanted outside the uterus in the fallopian tubes. A physician can attempt to move the fetus into the uterus, but will obviously fail. While the baby does die, it is then not the primary intention of the abortion, but the only outcome possible in order to achieve the primary goal of protecting the health of the mother. The death of the baby is the unintended, but unavoidable consequence and a necessary distinction of health care.

There are clear exceptions to the abortion ban in Texas. Similarly, there is not a state in the U.S. that does not make allowances for the life and health of the mother. If the mother’s health is at risk, as defined by just about any pregnancy complication, women and their doctor should have no impediment to providing or receiving healthcare. Anyone who claims otherwise, stating that healthy women are inevitably going to die due to abortion bans, are outright lying in order to achieve abortions for all, with no gestational restrictions, rather than fighting for true health care access for women.

The Reality of Miscarriages 

The fear mongering on this topic is out of control and the negative consequences shouldn’t be taken lightly. I’ve spoken to women who state that they are afraid or even holding off on starting their families because they believe if an emergency arises they will be unable to access medical care and their life will be on the line. It is not an exaggeration to say this breaks my heart; both that they are truly so afraid, and that they are putting their future family on the line because of lying propagandists.

The deception has to stop, but the issue runs deep into feminist tenants that have been upheld for years. We are looking at a generation of women who have been put on birth control from young ages, who know nothing about the phases of their cycle, and are wholly uneducated on the importance of their hormonal health. Female empowerment has left the most feminine aspects out of its modern movement, and it’s no wonder so many women go into pregnancy and birth fearful and woefully undereducated. On top of this, we are dealing with a fundamentally broken medical system, where doctors prescribe temporary solutions and often fail to even attempt to look for a root cause. 

This ignorance on the part of women, and lack of comprehensive treatment often seen in the medical system, fuels misnomers and allows everything from vague inaccuracies to outright lies to be perpetuated as convincing arguments that make women afraid. Some of these misnomers include anecdotes describing women being “delayed treatment” during a miscarriage, a standard practice that often occurs to ensure that necessary safety steps are taken. A D&C is still a surgery, carrying with it various risks that could have long term impacts on a woman’s overall health and fertility and should not be recommended without careful consideration. As with all medical interventions, every choice carries with it some level of risk, and the necessary time and due diligence is needed in order to make the most minimally invasive and least risky decision. 

I’m sure abortion advocates and the likes of those at Planned Parenthood will be the first to tell you that it’s perfectly safe to take mifepristone (abortion pills to induce a chemical abortion) at home alone, while simultaneously telling you that the risk of naturally miscarrying at home is far too great and will cause women to die. Many seem to be unaware that countless miscarriages take place at home, often without any oversight from a doctor because miscarriage can be a very natural bodily response, and the body is capable of effectively miscarrying without any additional assistance.

The media will tell you that women are “bleeding out for days”, a phrase that intentionally crafts a horrific and traumatizing image. And while there is often bleeding after a miscarriage, so too are there days and weeks of bleeding during a monthly period or a postpartum experience, yet no one is referring to women as “bleeding out” during this time. This isn’t to say there can’t be complications when miscarrying, and serious ones at that, but the process of miscarriage often requires much less active management than scared women are intentionally led to believe. 

The Amber Thurman Story

One of the most widely publicized stories recently was that of Amber Thurman, a Georgia woman who died because of alleged “abortion restrictions” that we were told repeatedly caused her death. The 28-year old woman was pregnant with twins, and took abortion pills to terminate her pregnancy. It is unclear exactly how far along Amber was (we know it was at least more than 6 weeks) or how many abortion pills she actually took, but the supposedly incredibly safe, rarely complicated pills did not fully expel the babies and pregnancy tissue, causing Amber to become septic. She ultimately died because of an alleged delay in medical care, allowing sepsis to overtake her organs and ultimately claim her life. 

Leaving a 6-year old son behind, this is without a doubt a devastating story. Let's clear one thing up though: Amber’s death was an avoidable tragedy caused by having an abortion, not because she couldn’t have one. One can assume any complication of Amber’s pregnancy was self-inflicted, as problems occurred only after taking the pills. Amber was at an increased risk for complications due to the fact she was carrying twins, and it remains unknown who provided her medical guidance before even going into a hospital. It is also unclear how long Amber herself waited to seek medical care in between taking the pills and going to the hospital when she was found to be septic.

Still, just like every state, Georgia also has an exception for threats to the life of the mother. Sepsis would certainly be considered a threat to the mother, and Amber’s sepsis would have necessitated medical intervention without delay. Amber Thurman’s family is currently suing the doctors involved, and their high profile civil rights lawyer even stated that, “even under Georgia law, the doctors had a duty to act to save Amber.” “She had taken the abortion pills and there were tissues left. There was no viable fetus or anything that would have prevented them from saving her life while she suffered. You have a duty to stabilize her and then give her the option to go to another hospital facility,” Crump said. “But you cannot let her suffer and die on your hospital bed when the death is preventable.” 

In addition to pointing out that medical care was clearly not a violation of the law, their lawyer makes an interesting point that is not addressed nearly enough. Media outlets are quick to jump on tragic stories that are tragic not because of abortion restrictions, but perhaps because of deeper problems within the medical and healthcare systems themselves. While there are certainly plenty of excellent doctors out there, there are also doctors that are not great (as with any line of work), and many more that are, as we all are, subject to human error. Rather than an abortion ban being the sole cause of one particular person’s complication, there are often multiple factors that contribute to the final outcome of a situation. Yet, it is easy to pick apart a story and highlight only the factors that advance your desired cause.  

Through suing the doctors, Amber Thurman’s family is pointing out that the medical malpractice that potentially occurred here is what is responsible for the deaths of women. Every state in the U.S. provides exemptions for the health of the mother. Every single one. The exemptions are all similar to those from Texas shown above. They are not complicated to understand. Physicians should be well aware of these exemptions, just like there are thousands of other medical guidelines that they must be aware of every day.

No Reason to Fear

Despite some very obvious reasons not to fear, conservative and pro-life women are still seen as uncaring, unsympathetic, and out of touch with many women’s medical concerns. The truth of the matter, however, is that conservative women often tend not to be afraid of these restrictions because by and large, they are the ones having more babies than left leaning women. More babies means more pregnancies, and more pregnancies means more chances of complications, miscarriages, and medical emergencies.

After personally experiencing these situations, as I and nearly all of my friends have, women become acutely aware of the obvious falsehoods and recognize that there are no barriers to accessing the care they need. Disputing these lies isn’t condescending or cold; it’s a genuine effort to share the truth and alleviate the fear that feminist rhetoric has caused.