Texas physicians, women and girls: it's time to consider moving
13 December 2023
Texas laws banning abortion are a threat to primary care physicians, girls and women of reproductive age. An exception to the ban exists only if:
in a doctor's "reasonable medical judgment," the mother has a "life-threatening condition" related to the pregnancy that puts her at risk of death or "substantial impairment of a major bodily function." Reuters.
However, as illustrated by the case of Kate Cox, this exception has little practical value.
Kate Cox, a 31-year-old mother of two, had learned that the child she was carrying had full trisomy 18, a rare genetic condition that is almost always fatal. Her physicians have warned that continuing the pregnancy could put her at risk for life-threatening complications. Cox, who wants to have a third child, might also lose her ability to do so if forced to carry the pregnancy to term. CNN.
Ms. Cox’s fetus received a diagnosis of trisomy 18, a genetic abnormality that in all but rare cases results in miscarriage, stillbirth or an infant’s death within the first year after birth. Dr. Karsan, who is also a plaintiff in the Zurawski case, determined that an abortion would be the safest option for the mother’s health. Ms. Cox, a mother of two young children who has said she would like a big family, has been to the emergency room four times during the course of her pregnancy for symptoms including discharge and cramping. New York Times.
There was no medical controversy. An abortion was necessary to protect her life and her ability to have children in the future.
However, the Texas Supreme Court ruled that Texas law does not allow her to have an abortion. In addition, the Texas Attorney General threatened to prosecute hospitals and physicians if they performed the abortion. Prior to the Supreme Court decision, Ms. Cox left Texas to have the abortion done, although those who assisted her may be vulnerable to civil lawsuits and may have violated Texas laws transporting another person for an abortion. Based on the experience of Dr. Caitlin Bernard in Indiana, Ms. Cox and her family should anticipate civil and criminal prosecution from the Texas Attorney General and others if she stays in Texas.
Travel advisories to antiabortion states
As a result of antiabortion laws, the University of Washington has issued a travel advisory for women and girls:
If you are or may be pregnant, you should consult your medical provider before traveling to states that are limiting abortion services in the wake of the Supreme Court decision overruling Roe v. Wade.
In the states that are now limiting abortions, it is unclear to what extent necessary medical treatment for pregnancy-related emergencies will be permitted. You should not assume that a state’s limitations on abortion services will contain an exception for your particular circumstances.
Many businesses, including mine, are limiting travel to antiabortion states because of the potential threat to our employees:
“We think critically about who we are sending where and ask employees if they’re comfortable going to a state that has demonstrated they are not inclusive towards people with certain identities,” said Cierra Gross, CEO of Caged Bird HR, a consultancy firm. “We could be putting someone’s physical and psychological safety on the line in some of these states.” NBC News.
There has been little opposition from Texans to these antiabortion decisions. Thus, we can assume that most Texans agree with them and that they are unlikely to change in the near future.
Abortion is basic healthcare. It is not a rare event - one in four women or girls will get an abortion at some time and at least as many will likely consider getting an abortion. But in Texas, it is illegal to provide support regarding this decision. Thus, women and girls should consider that these antiabortion laws are likely to affect them and primary care physicians should assume that they will have patients in similar circumstances as Kate Cox.
Many United States residents are descendants of those fleeing religious persecution or other threats in their home countries. Today, antiabortion laws in Idaho, Texas and other states represent threats to physicians, women and girls as well as their families. These threats are unlikely to subside in the next few years. Thus, I recommend that residents of antiabortion States start investigating the process of moving to pro-choice states where these threats do not exist unless they are determined to work to change these laws.
Related essays:
How red states are torturing pregnant women, 25 October 2023
Why physicians should consider leaving anti-abortion rights states, 16 August 2023
Move to Michigan, where our government protects your rights, 10 July 2023
The war against physicians regarding reproductive healthcare, part 2, 1 May 2023
States that are declaring war against physicians, 11 April 2023
How red states are putting women and girls "in their place", 26 March 2023
Move to Michigan or another blue state, 22 February 2023
Red states may be dangerous for physicians, 27 January 2023
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