The Texas abortion ban that was just upheld by the U.S. Supreme Court is a hugely frightening development for anyone who can get pregnant and for anyone who cares about reproductive rights, including not only abortion access but also assisted reproduction. That’s enough to make it a queer issue—but it has even more possible ramifications for other civil and human rights issues, including LGBTQ rights.
The Texas law, in brief, bans any abortions after six weeks, which is often before many pregnant people even know they’re pregnant. It also allows almost anyone, even if they’re not in Texas, to sue a person or organization that performs abortions or even assists someone in having one. That could include someone who simply drives a woman to a clinic. There’s a tempting $10,000 reward (plus coverage of legal expenses) if they are successful in the lawsuit, even if they have no connection to the person performing/assisting or receiving the abortion. It’s vigilantism run amok.
This law, like any abortion ban, will disproportionately affect low-income people and people of color who often have fewer out-of-state alternatives for affordable, inclusive health care.
The situation in Texas is awful, but even more frightening is the U.S. Supreme Court’s ruling late last night that allowed the law to go into effect, a 5-4 decision with Chief Justice John Roberts joining the three liberal justices in dissent. Although the Court did not rule on the constitutionality of the law, but only on procedural matters, its unwillingness to stop the law has ramifications for abortion bans that are being pushed in other states, including so-called “personhood” bills that would ban all abortions from the moment of conception. And those bills could impact assisted reproduction by dictating what could and could not be done with fertilized embryos, as RESOLVE: The National Infertility Association has said.
The impact could go even further. Planned Parenthood notes, too, that the Texas law could serve as a model for other states to restrict rights in other areas, such as LGBTQ rights, immigration rights, gun laws, and more. Julianna S. Gonen, federal policy director for the National Center for Lesbian Rights (NCLR), wrote in a piece for the Los Angeles Blade that the Texas law “should alarm the LGBTQ community in particular, as we also find ourselves the targets of religious and right-wing ideologues who wish to force us into gendered boxes, attempting to strip us of our health care, our families, and our fundamental rights.” Shannon Minter, legal director of NCLR, told the Washington Blade that the Supreme Court’s ruling should be “a wakeup call to every LGBTQ person in this country.” He explained, “The Court’s decision will inspire copycat abortion bans in other states and accelerate the already overwhelming tsunami of anti-LGBTQ state laws.” What can we do? Minter said we must fight for federal laws protecting reproductive autonomy and prohibiting discrimination based on sexual orientation or gender identity.
Right now, the two federal bills on those issues are:
- The Women’s Health Protection Act, which you can take action on here. (And yes, they should change the name to the “Pregnancy Health Protection Act” in order to include all pregnant people.)
- The Equality Act, which you can take action on here.
Want to learn more?
- The Center for Reproductive Rights, one of the organizations that had filed an emergency request with the Supreme Court to stop the ban, has details of their legal efforts as well as information about the other restrictions on abortion access in Texas.
- Planned Parenthood has a good Q&A about the new law and its potential impact.
- Not specific to Texas, but a great read, is queer mom Robin Stevenson’s book My Body My Choice: The Fight for Abortion Rights
(Bookshop; Amazon), both a history and a call to action. It’s aimed at teens, but adults may value it, too. Combining text, images, quotes, maps, charts, and more into an engaging package, it offers a look at what abortion is, how it became criminalized, and the generations of activists who have fought for reproductive freedom. Stevenson uses transgender-inclusive language throughout when referring to those who may be pregnant or have abortions, except when she is using historical or other source material that refers only to women. She also has a specific section about transgender and non-binary people and abortion and their need for “accessible, appropriate, and inclusive” care.
Want to help fight the Texas law and others like it? A few organizations to consider supporting with your time and/or money (but do your own due diligence) include:
Throughout the U.S.
- The ACLU
- The Center for Reproductive Rights
- NARAL Pro-choice America
- The Planned Parenthood Action Fund
In Texas
- The Afiya Center, the only Reproductive Justice organization in North Texas founded and directed by Black womxn
- The Bridge Collective, which provides support for abortion services and reproductive healthcare resources for Central Texans
- The Buckle Bunnies Fund, founded by young queer folks to fund abortions in Texas
- The Clinic Access Support Network, which provides safe, free assistance to anyone seeking an abortion in Houston
- Fund Texas Choice, which funds Texans’ travel to abortion clinics both in and out of state
- Jane’s Due Process, which helps young people in Texas navigate parental consent laws and confidentially access abortion and birth control
- La Frontera Fund, which provides financial support and a sense of community for those seeking abortions in the Rio Grande Valley
- Repro Power Texas, a coalition of organizations working to improve access to abortion and public attitudes toward abortion access. They include:
- Avow, which through its non-profit arm works to educate Texans on the importance of abortion access and through its political action committee (PAC) works to elect champions for abortion access
- The Lilith Fund, which provides direct financial assistance and emotional support for those who need abortions in the central and southern parts of the state
- The Texas Equal Access Fund, which provides emotional and financial support to people seeking abortion care
- The West Fund, which works to make abortions accessible and affordable to people in West Texas
- Whole Woman’s Health Alliance, which is working to strategically shift the stigma around abortion and to fight anti-abortion laws in Texas, Indiana, Maryland, Minnesota, and Virginia.
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