Texas’s “Heartbeat Act” Violates Women’s Rights
Ms. Cecelia Manno, who teaches the History of Women College Now class, says that the Texas Heartbeat Act directly opposes the precedent set in Roe v. Wade. Photo: Jason Liu
By JASON LIU
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For nearly 50 years, abortion has been legal throughout America. This year, that could change.
It was January 1973 when the Supreme Court decision in Roe v. Wade was announced. The 7-2 decision said that the 14th amendment of the U.S. Constitution provides a "right to privacy" protecting a pregnant woman's right to choose whether or not to have an abortion.
Yet there is still a widespread controversy surrounding this very topic. Pro-life (against abortion) and pro-choice forces (in favor of abortion rights) are stuck in a constant, uncompromising argument.
You may be asking, didn’t Roe v. Wade end all debate on abortion rights? No, because while the case stopped states from banning abortions, it left open many loopholes that give states the power to make it hard to get one.
On September 1 of this year, the Texas Heartbeat Act went into effect. This act made it illegal for women to get an abortion after there is a heartbeat coming from the fetus, or as early as 6 weeks, with exceptions only for when the abortion would be done to save the woman’s life.
“Women don't even know they're pregnant at six weeks,” said Ms. Cecelia Manno, a History of Women College Now and AP United States History teacher.
The reaction to pregnancy for every woman is different. Observational studies have shown that for some, pregnancy symptoms occur as early as a week, but for others it’s as late as a few months. Once a woman knows she’s pregnant, she still has to weigh her options and schedule an abortion if that’s what she chooses.
Texas law also implements a bounty-type system that encourages people to sue those who perform the abortion or those who are “accomplices” in providing the abortion, such as the person who drives the woman to the abortion clinic. The law gives the plaintiff (the accuser) a $10,000 reward if they win in court.
“I think it makes no sense. It's just putting more women in danger,” said Melody Baquerizo '22. “Making abortion illegal will lead to an increase in fatalities since unsafe abortions are going to happen.”
“The bounty system seems like a witch hunt,” said Rabiah Aziz ‘22. She compared the Texas Heartbeat Act to the Salem Witch Trials in the late 1600s, viewing both as crimes against women that limit their freedom.
The Texas law takes away the basic right a person should have regarding their own body and privacy, the very right that was given to women in 1973. “The law completely goes against the decision of the Supreme Court on Roe v Wade,” said Ms. Manno. But it’s also extremely hard to challenge in court due to the way the law is written.
“It's so ironic that conservatives will argue ‘my body, my choice’ when it comes to vaccines, but when it comes to abortions, they contradict themselves,” said Kimberly Liu '22.
Most people in New York City are liberals or left-leaning, so it’s no surprise the majority of New Yorkers are pro-choice and might view this law as outrageous. On the other hand, pro-life supporters have celebrated the law. They believe that aborting a fetus is murder.
But people who get abortions are often unable to provide for the child, and some of these pregnancies result from rape and incest, for which the Texas law makes no exceptions. In any case, an unwanted child has a lower likelihood of living a good and healthy life.
“Regular people should do something, anything, sign a petition, participate in protests, stand up to the law,” said Sarah Dahbali ‘22.
Public pressure might help, but it’s really up to the Supreme Court, which agreed to review the Texas Abortion Law starting November 1. It's hard to say what might happen, but there is a high chance of the law staying intact, as the Court has a 6-3 conservative majority. If the Texas law is upheld, it could be the beginning of an overturning of Roe v. Wade.