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What You Need to Know About the Texas Abortion Ban

The opinions expressed in this article are the writer’s own and do not reflect the views of Her Campus.
This article is written by a student writer from the Her Campus at Hawaii chapter.

We need to talk. It seems like every day there is a new infuriating, devastating piece of news coming from Texas surrounding the new abortion ban. Here is a simple to understand breakdown of the top five things you should know about what’s happening in Texas and what you can do to help.

sb8 bans abortion after 6 weeks, and that’s a problem

Senate Bill 8 is hardly the nation’s first abortion ban, nor is it even the first abortion ban in Texas. Previous to SB8 passing, Texas had already banned abortions at 20 weeks after fertilization in 2015. Unlike the 6-week ban Texas is facing now, this ban blocked a relatively uncommon abortion type. Most people seeking abortion know right away that they want one, and abortions after the 22 weeks mark only represent 1% of abortions and are usually the result of complications. Banning abortions at 6 weeks after fertilization, however, blocks nearly 90% of abortions. Six weeks after fertilization is only two weeks after a missed period, and at this point most women do not know that they’re pregnant. Even if they did know, lack of access to abortion clinics could mean that it would take over two weeks to be seen.

the way they’re enforcing it has salem witch trials vibes

Somehow, the abortion ban is hardly the most messed up part of SB8. Not only does it make abortion so impossible to access it’s functionally illegal, but also it encourages neighbors to turn on one another, without any concrete proof. The law includes rewards for those who suspect that a person has had an illegal abortion to sue the provider and anyone who helped that person obtain information or arrive at the place they were receiving the abortion. Anti-abortion vigilantism is encouraged by offering those who sue an additional $10,000 if they win the litigation case.

remember when rbg died and the trump admin rushed to replace her? here’s why.

Amy Coney Barrett represents the 5th Justice in the conservative five-to-four majority on our Supreme Court, and she was put in place to do exactly what she has done. Up until now, all cases involving abortion have been upheld by stare decisis, or the established precedent set by Roe v. Wade. In this case, while SB8 was not overturned by the Supreme Court as violation of the right to privacy that Roe v. Wade protects, it also was not fully approved. According to the Supreme Court Justices, the case represented complex legal precedent that had to be considered and analyzed further. Thus far, she has done exactly what we expected. She has not overturned Roe v. Wade, but she’s allowing states to push the landmark decision to its limits.

There’s good news from lyft

One of the parties that is liable in Texas is ride share drivers, who are vulnerable parties to being sued. While this is terrifying, the CEO of Lyft made an important announcement. He said that Lyft drivers are not responsible for knowing where their patrons are going or why, and therefore should not become victims of SB8. In an act of support for women’s right to choose, Lyft promised to cover all legal fees levied against drivers, and within 24hours Uber made the same promise. This can by no means fix the damage done in Texas, but it’s important to see major corporations like Uber and Lyft stand with the right to choose and the right to privacy.

Let’s go DOj!!

Finally, in the best news of all, the Biden administration has responded to the passing of SB8. The Department of Justice is suing the State of Texas for violation of privacy and of Roe v. Wade. While it cannot be predicted how this case will turn out, particularly with a conservative majority in the Supreme Court, the bold move made by the Biden Administration is a positive sign that this may not be forever in Texas.

All this being said, this abortion ban is a human rights crisis. The first deaths for unsafe, illegal abortions in Texas happened within 24 hours of the Supreme Court decision not to overturn SB8. This ban also disproportionally affects low income women, women of color, immigrants and trans men who will have a harder time traveling out of state to receive care. Funds to help Texans receive abortion care have been established all over the country. Additionally, Planned Parenthood is always taking donations and looking for new volunteers locally. I encourage you to help Texas in whatever way you can, whether that means marching for women’s rights, volunteering, donating or signing a petition. Every bit of our anger counts.

My name is Lauren, I'm currently a senior at the University of Hawaii at Manoa double majoring in Chinese and communications, I'm also a very passionate Planned Parenthood volunteer/intern. In my free time I like to dance salsa and read books on the beach.