5 Texas Women Sue State After Being Denied Abortions, Saying Ban Against Medical Procedure Endangered Them

Texas Abortion Suit
Lauren Miller, a plaintiff in the suit against Texas which alleges five women were denied abortions, and endangered their health.Getty

Five Texas women have sued the state, saying their health has been endangered after being denied abortions.

Five women have sued the state of Texas, saying they were denied abortions despite serious health risks to themselves or their fetuses.

The women spoke Tuesday in Austin, on the steps of the state Capitol, saying the state's ban against the medical procedure causes “catastrophic harms” on women. The lawsuit, which was filed Monday, is apparently the first legal action taken by pregnant women since the U.S. Supreme Court overturned Roe v. Wade in June.

The plaintiffs "have been denied necessary and potentially life-saving obstetrical care because medical professionals throughout the state fear liability under Texas's abortion bans," said the lawsuit, filed by the Center for Reproductive Rights on behalf of the five women and two doctors.

Lauren Miller of Dallas said Tuesday she was pregnant with twins when a 12-week ultrasound showed one fetus had a severe genetic disorder and wasn't going to survive.  

“Politicians in Texas are prohibiting health care that they don't understand; they could do something but they're not, and it's killing us,” Miller said. “It shouldn't be controversial for an individual to make health care decisions for themselves in consultation with their doctor."

Miller said she traveled to Colorado for the medical procedure. She is still pregnant with her remaining twin and is expected to give birth this month.

“As my medical providers tried to counsel me on my options, they would stop midsentence looking for the words. It was like they were afraid that they would be arrested just for saying the word ‘abortion’ out loud,” Miller said. “I'll never forget when one specialist tore off his gloves and threw them in the trash. ‘I can't help you anymore,’ he said, ‘You need to leave the state.'"

Three other plaintiffs traveled out of Texas to obtain abortions. Another said she was forced to wait until she developed sepsis, an infection that can be fatal, before she could receive an abortion in Texas.

The lawsuit asks the courts to clarify what circumstances are covered by “medical emergency” exceptions in the state’s abortion ban. The suit contends the current language is vague and contains “non-medical terminology.” The law has left Texas doctors unwilling to perform the procedure because they fear possible felony charges that could lead to a 99-year prison sentence, the lawsuit claims.

Texas was the first state to pass a near-total ban on all abortions. The law took effect after the high court's decision last summer.

The suit names Texas Attorney General Ken Paxton as a defendant, along with the state medical board and its director.

Paxton said Tuesday he is “committed to doing everything in his power to protect mothers, families, and unborn children, and he will continue to defend and enforce the laws duly enacted by the Texas Legislature.”

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