Gov. Abbott Signs the Texas Heartbeat Act
Image retrieved from State Senator Bryan Hughes Facebook page. Hughes was the author and one of the most dedicated advocates of the Texas Heartbeat Act.
The Pro-Life movement, especially in Texas, has seen lots of fruit the past month of May. On May 19th, Governor Greg Abbott signed the Texas Heartbeat Act into law after it passed in both the Texas House and the Texas Senate. This act outlaws abortion after fetal heartbeat is detected and will go into effect on September 1st, 2021. Fetal heartbeat is detectable as early as six weeks.
While some have been skeptical as to if the heartbeat bill will survive the courts or if local municipalities will enforce it, the act introduces a novel approach to statewide abortion restriction. Starting September 1st, all citizens of Texas will be enabled to sue an abortionist or anyone who aids and abets in the killing of a preborn child after heartbeat is detected. This effectively means that the bill is enforced by private citizens. Constitutional law professor Josh Blackman said regarding the law:
“Planned Parenthood can’t go to court and sue Attorney General Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”
Despite being stereotyped as conservative, Texas has fallen behind in the pro-life movement. This shrewdly designed heartbeat bill will most likely move Texas up in the pro-life ranks.
Full abolitionists, those who think the best way to end abortion is to ignore Roe v. Wade altogether, have argued that the Texas Heartbeat Act is a compromise that does not protect the lives of all preborn children. The Act does, however, reaffirm that life begins at conception and that the State of Texas has never repealed her pre-Roe statutes which outlaw abortion, thus laying the groundwork for the total abolition of abortion in the State of Texas.
Additionally, the Heartbeat Act reaffirms the ability of local jurisdictions to regulate abortion – reaffirming the legality of the Sanctuary Cities for the Unborn movement. The Sanctuary City initiative is another area where Texas has seen great victories. In May alone, three (and soon to be four) cities have passed ordinances which outlaw abortion within the city limits. These cities are Lubbock, Poynor, Abernathy, and soon to be Levelland.
Lubbock, Texas is the biggest city (pop. 260,000) to pass the ordinance. It is also the first city to pass the ordinance with an active Planned Parenthood, the largest provider of abortions in the U.S., in the city limits. The Lubbock ordinance passed on May 1st, 2021 and will go into effect June 1st of this same year. Planned Parenthood is already suing the City of Lubbock over the ordinance.
Levelland, about thirty miles west of Lubbock, approved the ordinance on the first reading. It will be read a second time at the next Levelland City Council meeting and, presuming it is approved again, will be made city law.
