This story was originally published by the Courier DFW.
The Texas Senate has recently approved a new anti-abortion bill, SB 2880, that could lead to criminal prosecution of women seeking abortions, even if they travel to another state where the procedure is legal. The bill references a 1925 law, which does not exclude women from prosecution and criminalizes aiding abortion-related activities.
Senator Carol Alvarado, a Democrat from Houston, highlighted during the Senate debate that SB 2880 incorporates the 1925 abortion law, pointing out, “This bill will open the door to the criminalization of women seeking out-of-state abortions. The threat is not theoretical — it is written clearly into the text.”
The potential implications are significant, as the 1925 law is mentioned twice in SB 2880, Alvarado stated. Under this bill, the estimated 35,000 Texas women who traveled out of state for abortions in 2023 could face legal consequences.
The legislation stipulates a prison term of two to five years for violations of the 1925 abortion ban. Elizabeth Myers, a Texas attorney, testified that SB 2880, along with its companion House Bill 5510, could revive the century-old law, which was deemed unenforceable by the Fifth Circuit Court of Appeals in 2004.
Attorney General Ken Paxton expressed support for enforcing pre-Roe anti-abortion statutes, stating on X, “Texas’s pre-Roe statutes criminalizing abortion is 100% good law, and I’ll ensure they’re enforceable.”
As SB 2880 progresses to a Texas House committee for consideration, its House counterpart, HB 5510, has already garnered significant Republican support.
1925 Abortion Ban: A Potential Objective
The inclusion of the 1925 ban in SB 2880 is raising eyebrows, especially following the Senate’s unanimous approval of the “Life of the Mother Act” (SB 31), which aims to clarify when abortions are permissible to save a patient’s life. This act received bipartisan backing, with Rep. Donna Howard expressing cautious optimism about its potential to reduce confusion among healthcare professionals.
Since the 2021 Texas Heartbeat Act, maternal mortality rates have surged by 56%, with associated increases in sepsis cases, infant mortality, and documented deaths from delayed miscarriage treatments. Howard noted, “We can’t let the perfect get in the way of the good…if this allows me to save the lives of Texas moms, I’m going to do that.”
Public attention intensified around the 1925 ban after women involved in the Zurawski v. Texas lawsuit lobbied against criminalizing abortions. Lead plaintiff Amanda Zurawski expressed gratitude for amendments to SB 31 that clarified the bill’s intent.
Despite these efforts, references to the 1925 ban remain in SB 2880, leading to accusations of a “backdoor effort” to reinstate the law, with Sen. Sarah Eckhardt describing the situation as a “staggering hurdle backwards.”
Implications of SB 2880’s Passage
Should SB 2880 become law, pregnant women could face prosecution for out-of-state abortions or using abortion pills. Additionally, the bill introduces a civil bounty allowing private citizens to sue those suspected of aiding abortion-related travel.
Sen. Molly Cook criticized SB 2880 for isolating women and deterring assistance from family and friends, urging lawmakers to focus on improving pregnancy safety in Texas.
With Texas’s maternal mortality rate at 155% higher than California’s, Cook emphasized the dangers of being pregnant in Texas, accusing the bill’s supporters of prioritizing control over care.
Blake Rocap from Avow warned against the bill’s potential misuse, particularly by abusive partners, highlighting the broader anti-abortion agenda’s implications.
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