State District Judge Declares Protective Abortion Law to be Unconstitutional in Part; Texas Attorney General’s Office Responds Quickly

State District Judge Declares Protective Abortion Law to be Unconstitutional in Part; Texas Attorney General’s Office Responds Quickly

State District Court Judge Jessica Mangrum issued a temporary injunction order late Friday blocking Texas pro-life laws’ protections for babies facing life-limiting or fatal diagnoses and opening the door to confusion about the clearly worded exception language to allow abortions when a pregnancy endangers a mother’s life. Responding quickly, the Texas Attorney General’s Office filed a motion today in the Texas Supreme Court that effectively blocks the injunction and allows the exception language approved by the Legislature to remain in effect.

“We applaud the swift action of the Texas Attorney General’s office to defend Texas law, which protects the lives of unborn babies while allowing abortions in rare cases when abortion is necessary to save the pregnant woman’s life,” said Texas Alliance for Life Communications Director Amy O’Donnell. “While Texas law is clear, we believe that some doctors are not apprised of the actual language of the law, resulting in poor care for their patients. Professional organizations like the Texas Medical Association, ACOG, and the Texas Medical Board, are the proper sources of guidance and rules for physicians, not the courts. Judicial activism from the bench using non-medically defined terms opens the door for greater confusion.”


In August 2022, the Human Life Protection Act went into effect, protecting unborn babies from abortion beginning at conception. That law allows a physician to perform an abortion to save a mother’s life, when “in the exercise of reasonable medical judgment, the pregnant female . . . has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced.” Nothing requires a woman’s death to be imminent, or her unborn baby’s heart to stop beating before an abortion can be performed to save a woman’s life.

The exception language in Texas Human Life Protect Act is the same as in a 2013 law to protect unborn babies from abortion beginning at 20 weeks. Since then, no physician has ever been prosecuted for performing abortions to save the mother’s life under the pre-Roe laws, the 20-week law, and the Human Life Protection Act.

A witness in defense of Texas law, Ingrid Skop, M.D., explains in this video released by Texas Alliance for Life that the law clearly allows prompt abortions when necessary to save the mother’s life.

Texas Alliance for Life will continue to monitor the case in the Texas Supreme Court.

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Joseph Menslage

As the President and Publisher of Katy and Fort Bend Christian Magazines, Joe Menslage is committed to covering social and political news from a Christian worldview. He founded Katy Christian Magazine in 2005, which swept the greater Houston and Katy areas like a storm. That’s when Joe realized the urgent need for publications willing to give voices to the voiceless, without political correctness or censorship. Joe Menslage founded sister-publication Fort Bend Christian Magazine in 2014. Prior to creating Katy Christian Magazine, Joe Menslage led a colorful life. He was born in Lake Charles, Louisiana, spent a great deal of his childhood in Colorado, and lived in a couple of other states before he moved to Houston in 1981. Joe was God-gifted with an entrepreneurial mind, and self-started other business ventures before he found his calling. In Joe’s words, our innate talents are given by the Lord, and are meant to be used to serve the Lord. Aside from being a President and Publisher, Joe Menslage is also the co-founder of Katy Christian Chamber of Commerce, where Christians can network, build business connections, listen to passionate speakers, and enjoy monthly breakfasts and lunches. Joe Menslage also hosts a weekly political satire YouTube channel. Joe Menslage has four children. Outside of work, he enjoys hiking, watching zombie movies and K dramas, ax-throwing and Krav Maga.