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Hey Texas Legislators, Stay Out of Our Uteruses
It seems like we’re back in the ring with Texas lawmakers, who just can’t seem to resist meddling in the most personal aspects of our lives. The latest contender? A bill known as Texas SB 25, which is aimed at protecting doctors from being sued for “wrongful birth” when they withhold information about fetal disabilities. Sounds innocent enough, right? Wrong!
The landmark 1973 Supreme Court decision in Roe v. Wade established a woman’s legal right to abortion under the 14th Amendment. And just in case anyone needed a reminder, the court reaffirmed this right in 1992’s Planned Parenthood v. Casey. Yet, here we are, watching as lawmakers concoct ways to sidestep these clear legal protections.
At first glance, SB 25 might not raise eyebrows. It proposes to shield doctors from lawsuits related to “wrongful birth,” stating that no one can claim damages based on the idea that a child would not have been born had proper medical guidance been provided. But here’s the kicker: wrongful birth lawsuits are practically nonexistent. “In my 30 years of practicing medical malpractice, I’ve never seen one,” says attorney Lisa Greene of Austin. “None of my colleagues have, either.”
The real concern with SB 25 is that it essentially gives doctors a free pass to mislead expectant mothers. Critics argue that this law could lead to physicians withholding crucial information about severe fetal disabilities, effectively preventing women from making informed decisions about their pregnancies. “The state of Texas should not be enabling doctors to lie to their patients,” asserts Jamie Collins, a policy advisor for NARAL Pro-Choice Texas, during committee discussions.
Navigating the financial and emotional aspects of raising a child with severe disabilities is no walk in the park. Women, particularly those from lower-income backgrounds, deserve to know the truth about their pregnancies instead of being kept in the dark until delivery. Ironically, many sponsors of SB 25 also opposed state Medicaid expansion, which would have made healthcare more accessible for struggling families.
But it’s not just about a woman’s right to choose an abortion. Withholding essential medical information can also prevent a pregnant woman from exploring potential treatment options for her fetus. Take the story of Sarah Moore, who shared her heartbreaking experience before the committee. Had she been informed of her baby’s disabilities, she would have sought experimental therapies to try and save the pregnancy. Instead, her son was stillborn. “Doctors should not have the authority to manipulate families by withholding information,” she stated.
A doctor’s primary commitment should be to their patient—the one sitting right in front of them. It’s downright appalling that Texas lawmakers believe it’s acceptable for physicians to keep secrets about a woman’s own body. SB 25 is yet another underhanded attempt by the Texas government to wrest control over a woman’s most fundamental right: the right to make choices about her own health and body.
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In summary, the Texas SB 25 bill raises significant concerns about a woman’s right to informed medical decisions during pregnancy. By protecting doctors from potential lawsuits for withholding vital information, the bill could ultimately deprive women of their agency and the ability to make critical choices about their pregnancies.