HOUSTON, Tex. — If you鈥檙e keeping score, anti-abortion groups were 1 for 2 during this year鈥檚 legislative session in Texas, which ended Monday.听One major bill they wanted failed, but another passed.
The new law will tighten rules for girls under 18 who are asking a judge to grant an abortion — a small but politically significant fraction of those who seek the procedure. Gov.听Greg Abbott, a Republican, has until June 21 to veto the legislation, but observers say that鈥檚 highly unlikely given his longstanding opposition to abortion.
(Photo by the Office of the Attorney General of Texas)
Under current Texas law, a minor must get permission from a parent to get an abortion. But there is a built-in exception if a girl鈥檚听parents are in jail, deported or unreachable听鈥 or if she fears abuse or retribution from a parent. In those cases, she can anonymously听ask a judge for permission through a process called judicial bypass.
Among other things, the new law would make it so teens would no longer receive automatic permission to get abortions if judges don’t issue timely rulings. The law also would limit the venues in which a teen could apply for permission.
Anti-abortion groups contended the process was too easy and the new law provides听a much-needed revamp of the rules. Supporters say 听the new rules will help rescue teens from abusive situations and motivate other teens to involve their parents if at all possible.
Emily Horne of听听called the previous process 鈥渢oo loose鈥 because teens could use judicial bypass to avoid telling their parents about the pregnancy.
鈥淥ftentimes the minor is very young and very scared, and may not even know all of her options, may not even know what her parents may say,鈥 Horne said. 鈥淚t鈥檚 a very big decision for a parent to be cut out of.鈥
State Sen.听, a Republican representing Plano and other Dallas suburbs, co-sponsored the bill in the senate.
鈥淥n an issue as paramount as the life of an unborn child, the state should not be severing parental involvement,鈥 he said in a statement.
Tina Hester,听executive director of听, which听works with pregnant teens who seek听judicial bypass, said听the real intent of the law is to stop abortions and score points among anti-abortion听voters.
鈥淭hey鈥檝e already dismantled the clinic system. They鈥檝e basically shut down half the clinics in Texas,鈥 Hester said. 鈥淎nd until Roe v. Wade is overturned, they鈥檙e just trying to chip away.鈥
As for concerns about girls skirting parental involvement, Hester said听鈥渢here have been no complaints that I鈥檓 aware of from judges saying that girls are abusing this situation.鈥
Because the the court filings in the judicial bypass cases are confidential, it鈥檚 hard know if that鈥檚 happening.
Hester said the new law听will add so many听听that getting a bypass will be almost impossible.
For example, she said,听听would require most teens to see a local judge in their home county,听even if the abortion clinic is hours away in a big city. There is an exception for counties of less than 10,000 people.
Hester says that鈥檚 not enough to protect a girl鈥檚 anonymity in small towns. Everyone at the local courthouse will听easily guess what is going on, she said.
鈥淲hat normal 17-year-old goes down to the courthouse by themselves and without their parents?鈥 Hester asked.
Less than 3 percent of abortions in Texas are among girls under 18. And most of those girls do get consent from their parents 鈥 it鈥檚 estimated that only about 10percent of those under 18听seek judicial bypass.
,听a family law attorney in Houston听who volunteers to represent teens through Jane鈥檚 Due Process,听said girls using bypass are already facing difficult situations.
鈥淸They are] kids who already have babies who are basically homeless, kids whose parents have kicked them out and they鈥檝e sought shelter with another relative because their parents beat them.鈥
The parental notification law dates back to 1999 and was signed by then- Gov.George W. Bush. It included the bypass process. Later amendments required the teen to not only notify a parent, but obtain his or her consent.
The bypass process originally required a judge to hold a hearing quickly for the teenage girl, and if the judge refused to make a ruling, the girl automatically received听permission to get the abortion anyway.
But the new regulations will do away with the automatic permission. Lucido fears her clients could be trapped in the pregnancy.
鈥淚f she comes across an ideologically motivated judge who refuses to schedule a hearing, the law doesn鈥檛 give her a way to force a ruling on her application. She鈥檚 in a sort of legal limbo,鈥 Lucido explained.
Abortion rights advocates contend the new judicial bypass law could be stalled or stopped in the courts. The U.S. Supreme Court ruled in听听that judicial bypass procedures for minors must be anonymous and expeditious, and the advocates claim the new Texas law could be unconstitutional on those grounds.
Despite passage of the new law, anti-abortion groups did not get everything they wanted from the Texas lLegislature this year.
The bypass bill originally included a controversial amendment that would have required women of all ages to show government identification before getting an abortion. The amendment did not survive.
In addition, one bill failed that would have forbidden听 insurance plans听sold through the Affordable Care Act exchange from covering abortion, except in emergencies.听Rape and incest were not included as exceptions. The bill would have allowed enrollees to purchase a supplementary insurance rider to cover abortion.
The bill passed the full Texas Senate but stalled in the House.
Ten states restrict coverage of abortion in all private insurance plans, and another 15 states restrict abortion coverage in ACA exchange plans,听听to the Guttmacher Institute, a nonprofit organization focused on sexual and reproductive health research and public education.
This story is part of a partnership that includes , and Kaiser Health News.
