My Body, Their Choice: How Texas Failed Its Women

Design Credit: Mandy Tran

My body, my choice. The slogan arises from feminist activists — a cry that represents the idea of bodily autonomy and integrity: the freedom to direct your own actions. In recent months, the slogan has been heavily appropriated by anti-maskers, and while Texas Governor Greg Abbott has clearly been sympathetic to their plea, he hasn’t extended the same courtesy to Texan women — see Senate Bill 8 (SB8), passed May 19, 2021.

Women have had a constitutional right to an abortion since Roe v. Wade. While this is still true, SB8 chokes this right by narrowing the window in which a woman may take action. With no exceptions for pregnancies resulting from rape or incest, abortions are illegal under SB8 once ultrasound technology can pick up fetal cardiac activity. Quite aptly, this underscores why SB8 is also known by another name: the Heartbeat Bill. 

This ‘heartbeat’ usually arises at around 6 weeks and also marks when the cluster of cells scientists and physicians term an embryo officially matures into a fetus. And while we often see a heartbeat as a universal sign of life, it’s important to understand that at 6 weeks, a fetus doesn’t possess a fully functioning heart. The valves characteristic of the hearts you might study in anatomy don’t exist at this stage of fetal development. There’s only the faint flutter of electrical activity that ultrasound machines then convert into a visible flicker.

To put things into greater perspective, at 6 weeks, a fetus is less than ¼ of an inch in length — no bigger than a sweet pea.

A pea. 

You can imagine why most women have no idea they’re even pregnant at this stage. And by the time a woman does realize she’s pregnant and looks to weigh her options, the freedom to choose has already been stripped away. Women no longer own their bodies; Governor Abbott and lawmakers have prioritized a pea-sized fetus over the proud Texas citizens they swore to protect. 

Many Texan women looked to the Supreme Court for protection just before the Heartbeat Bill officially took effect on September 1st. Many Texan women were dealt another heartbreaking blow when the Court ruled against them 5-4. In protest of this injustice, several pro-choice groups organized a march on the Texas Capitol the next morning. Quite a few UT students joined the protest, horrified by the radical law and the 85% of all abortions that are now effectively illegal. 

Looking at the students who stood on the steps of our state capitol, it feels important to clarify a point many misconstrue. Pro-choice is not pro-abortion. Pro-choice is pro-choice; these students acknowledge that it is not their place to tell another what to do with their body. Women should maintain the same bodily autonomy that is given to the other sex without question. By passing the Heartbeat Bill, Governor Abbott and lawmakers have made their stance clear. Women are not autonomous citizens, but instead temporary incubators meant to be used and commanded. In wise instruction, one student held a sign that read “Focus on the Born”. 

The fight isn’t over for Texan women. On September 8th, the Attorney General announced that the U.S. Department of Justice filed a lawsuit to prevent Texas lawmakers from enforcing the Heartbeat Bill. Other pro-choice organizations continue to lobby for an appeal. Yet, the precedent has already been set. A few states away, Florida lawmakers have expressed excitement at the Supreme Court's decision not to block the Heartbeat Bill. They hope to model a bill of their own after SB8. Republican lawmakers in at least five other states are rushing to follow in Texas’s footsteps as well. 

Women across the U.S. have good reason to fear for their rights. Section Bill 8 is not only an attack on abortion care but on basic healthcare. On September 1st, Texas failed its women. With other states following suit, the question now becomes. . . 

Who’s next?