Texas’ Pro-Life laws are based on the principle that the Right to Life is paramount. The State’s interest is to protect innocent Life from termination due to this universal, God-given right. Our state made elective abortion illegal because it intentionally takes an innocent Life and violates the Right to Life that everyone has—no matter your age, size, or location.
However, there are times when a woman’s pregnancy threatens her life, and thus intervention is needed. In these cases, the intent behind the action is not to cause the death of the preborn child. The intent is to save the life of the mother and give the child the best chance of survival if possible. Sometimes, the doctor or hospital may call the medical action resembling abortion procedures used to accomplish this intent as abortions. Still, these are not the moral equivalent of an elective abortion, since there is no goal or desire for the child to die as seen in abortion.
As Pro-Lifers, we recognize the importance of saving a life. Therefore, our laws address these situations where one life could be saved when both are in danger of being lost. This is often referred to as the law’s “medical emergency exception.”
Note that we should not see these as similar to other political exceptions. Politicians often support or adopt exceptions to allow abortion in specific circumstances other than life-threatening situations. Texas has none of these politically motivated exceptions, which would include rape or fetal disability. When discussing medical emergencies, the word “exception” is used because the medical community still sees these medically necessary procedures as abortions, even if that is not the proper moral or legal term.
Ectopic Pregnancies and Miscarriages
There are two categories of medical emergencies when abortion-like medical care is allowed in Texas. The first are procedures done to resolve ectopic pregnancies and incomplete spontaneous abortions, which are more commonly known as a miscarriage. Our law explicitly excludes these from the definition of ‘abortion.’ This means that any time “abortion” is mentioned in the law, the Pro-Life policy is not referring to these situations at all. These situations do not face any bans or restrictions placed on abortion.
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*Texas Health and Safety Code, Chapter 245
When a mother has a spontaneous miscarriage, the child has already passed away but has not left her womb. Clearly, there can be no intent to cause the death of a child who has already passed away. The child’s lifeless body has to be removed to prevent future harm to the mother.
With ectopic pregnancies, the child is implanted somewhere other than in the uterus, most often in the fallopian tube. These conditions do not provide enough room for the child to grow large enough to be born. Instead, the growing child will cause the mother’s fallopian tube to rupture, resulting in severe internal injury and a high chance of death. Currently, a preborn child essentially has no chance of surviving an ectopic pregnancy, but these tragic cases can save the mother.
LifeNews Note: Samantha Furnace writes for Texas Right to Life.
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