Today, Wednesday 1st September, is a big day for unborn babies in Texas. The new heartbeat law, which could potentially save thousands of children in the womb from abortion every year, went into effect at midnight. In an unprecedented move Texas has, overnight, become the first state in America to enforce a heartbeat law. While Heartbeat Bills have been passed across several US states, the Texas Heartbeat Act is the first near-total abortion ban to actually take effect in almost half a century.
The pro-life law, which Republican Gov. Greg Abbott signed into law in May, requires abortionists to screen for a preborn baby’s heartbeat and prohibits abortion if a heartbeat can be heard (generally as early as six weeks), with exceptions only for ‘medical emergencies’.
The law depends on a unique enforcement system. Rather than having the state prosecute perpetrators, it “exclusively” empowers private citizens to bring civil cases against abortionists, punishable by a minimum of $10,000 in statutory relief per abortion in conjuction to whatever additional injunctive relief is deemed “sufficient to prevent the defendant from violating this chapter or engaging in acts that aid or abet violations of this chapter.”
What is notable is that these private citizens do not need to have any connection to anyone involved in a specific abortion in Texas. South Texas College of Law professor Josh Blackman has explained that the advantage of this specific approach is that “Planned Parenthood can’t go to court and sue Attorney General [Ken] Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”
This means that private citizens now have the power to sue abortion providers, or anyone who helps someone access an abortion after the foetal heartbeat has been detected. According to the most up-to-date science, the unborn baby’s heartbeat starts beating as early as 16 days after conception, and can be detected at around 6 weeks. By 4 weeks, the heart typically beats between 105 and 121 times per minute.
The bill provides exemptions in the case of medical emergencies, and only medical emergencies. It does not exempt cases of rape or incest. Texas Right to Life (TRTL) has set up a website where concerned Texans can anonymously report abortionists who commit abortions after finding a heartbeat or without testing for one.
The ground-breaking law has the potential to save tens of thousands of babies from abortion. In 2020, about 54,000 unborn babies were aborted in Texas, and roughly 85% of abortions happened after six weeks of pregnancy, according to state health statistics. Judging by the statistics, more than 100 unborn babies with beating hearts may be spared from abortion every single day in Texas with the law in effect.
Whilst pro-abortion groups mounted last-minute legal challenges against the law on Tuesday night, pro-life activist Lila Rose, president of the group Live Action, posted on social media: “It’s past midnight now in Texas. The Heartbeat Law has gone into effect. Every child with a detectable heartbeat is legally protected from being killed by abortion. Thinking of all the inestimably precious lives that will be spared today and their new lease on life. An amazing day.”