Claiborne Beurle '23 & Liz Stutter '23
The Supreme Court didn't block the recent Texas Senate Bill 8, a law that makes most abortions illegal, stating that abortions are illegal once a fetal heartbeat - which may be as early as 6 weeks into a woman's pregnancy- is detected. Despite attempts from other Republican states, no state has successfully passed this type of law -- and this is not Texas' first attempt.
The bill bans abortions at around 6 weeks, a stage where many women don't even know they're pregnant. Before the bill, 85-90% of abortions occurred after the six-week mark in Texas. The law states that abortion cannot be performed if a 'heartbeat' is detected. If providers don't check for the heartbeat or use unreliable methods of heartbeat detection, abortion is considered illegal. Per the New York Times, "S.B. 8 defines a fetal heartbeat, which is not a clinical term, as ‘cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.’”
At 6 weeks of the gestation period, there is no fetus heart. Although a lot of weight seems to be put on detecting this flutter, "by no means does it translate to the viability of the heart."
The only exceptions for abortions included in the laws are medical emergencies. Ectopic pregnancies count as medical emergencies, and cancer patients who need chemo are allowed abortions as well. However, there are no exceptions for rape, incest, nonviable pregnancies, or even ones in which the fetus has a fatal condition. Well stated by the New York Times, "S.B. 8 leaves it to doctors to decide whether their patient qualifies, knowing they could be sued by anyone who disagrees."
The Texas law takes the responsibility of enforcement away from the government and grants it to the people. Now, abortion is a civil violation and the only two groups who can’t sue are government entities and rapists.
The law invites lawsuits against anyone who performs or "abets" abortions. Patients themselves cannot be sued, but the people who help can be. Plaintiffs can get $10,000 and all their legal fees reimbursed if they're successful in court. In contrast, courts are forbidden to order reimbursement of legal expenses for defendants who are successful. In light of the recent ban in Texas, Cate students headed to Santa Barbara to participate in the reproductive rights march on October 2.
On Saturday, October 2nd, around fifty Cate students ventured into Santa Barbara to be a part of the reproductive rights march. The protest opened with a variety of speakers including Jenna Tosh (CEO of Planned Parenthood California Central Coast), Monique Limón (state senator), and Hannah Beth Johnson (former state senator). Their speeches included a similar sentiment: just because we aren’t in Texas doesn’t mean this issue excludes us. In fact, there are already people from Texas coming to California to seek safe and legal abortions. Hannah Beth Johnson spoke on the fact that she had fought for this issue during the Roe vs. Wade era of 1973, and said, “I can’t believe we’re still fighting for this shit.” She was not the only woman who had fought for this issue in the past, and it was really striking to see how many women shared her experiences of burning their bras at Capital Hill. We were joined by a crowd of thousands as we marched down State Street to chants of “my body, my choice,” “keep your laws off my body,” waving signs that featured bold language and bright colors. The march came to a halt at the public library where a group of old women broke out into contagious song and dance. Although the march ended on a joyful note, we can’t forget the weight of the issues that brought us to Santa Barbara that day.
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