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What is the Texas abortion law?

SINCE the United States Supreme Court overturned Roe v Wade, several states, including Texas, have started banning the medical procedure.

Now, residents of Texas want to know more about the specific laws in their state and what they mean going forward.

Abortion rights are up to individual states
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Abortion rights are up to individual statesCredit: Splash

What is the Texas abortion law?

Over the years, Texas has been one of the biggest states to advocate for banning abortion.

The history of banning the procedure in the state dates back to 1857, when Texas was under a near-total abortion ban, according to .

If someone had an abortion, it was punishable by up to five years in prison.

However, there was an exception that allowed the procedure if it would save the life of a patient.

Read More on US Abortion Laws

The law remained in effect for over 100 years but was not always enforced.

It was not until 1973 that the Supreme Court made it legal thanks to Roe v Wade, but on June 24, 2022, the members of the Supreme Court overturned the original decision, giving the control back to the individual states.

Now, as of August 2022, the procedure is banned in Texas again, but there is an exception if it would save a woman's life or prevent “substantial impairment of major bodily function," according to .

At this time, there are no exceptions for rape or incest.

What is the penalty for breaking the Texas abortion law?

While it might be illegal to get an abortion in Texas, residents can still travel to other states to seek the procedure.

However, if a doctor performs the procedure in Texas, they could be sentenced to life in prison or fined up to $100,000, The Texas Tribune notes.

Abortion is banned in Texas
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Abortion is banned in TexasCredit: Alamy

What have people said about the law?

Since the abortion ban was put back into place, several people and politicians have criticized the law and Governor Greg Abbott.

In March 2023, five women teamed up with the Center of Reproductive Rights and decided to sue the state of Texas after being denied abortions.

The women suing are asking a judge to clarify the exceptions of the laws.

Senior Staff Attorney with the center, Molly Duane spoke on the matter.

Duane said: "Just because Roe v. Wade is no longer the law of the land does not mean that women and pregnant people are without constitutional and basic human rights.

"We're talking about people who are in medical emergencies, who need urgent medical care, and whose physicians are too scared to provide that care because of the state's laws and because of the state's failure to provide any clarification around what its law means."

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An abortion advocate said: "Texas needs new leadership. From the power grid debacle to the total abortion ban, Abbott is the wrong choice for Governor."

A third wrote: "Good morning and Happy Hump Day to everyone EXCEPT the American Taliban in Texas, who have just made a Woman's right to choose and control her own body illegal. If you're not furious, you're not paying attention."

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