Texas Court Allows Subjective Judgment to Overrule Law and Abort Baby

A Texas judge deemed Thursday that a Houston doctor can ignore clear medical standards in state law to abort an unborn child.

The Center for Reproductive Rights brought a lawsuit Tuesday on behalf of Dr. Damla Karsan and Kate Cox, a Dallas woman who is 20 weeks pregnant. Baby Cox has Trisomy 18, a chromosomal disorder that could shorten her life. Doctors anticipate that Baby Cox’s illness could require a cesarean section or induction, which could put Ms. Cox’s future fertility at risk. Dr. Karsan and Ms. Cox sought approval from the court to abort Baby Cox.

Pregnant mothers and their babies deserve compassion and love, not to be used as instruments by pro-abortion groups.

The Center for Reproductive Rights seeks to conflate two separate issues — the child’s disability and the risk to the mother — in order to use the lawsuit as a gateway to allow babies to be aborted for any reason, not just when the mother’s life is threatened.

Texas law clearly permits abortion in situations where the mother’s life is in jeopardy or if she would face a serious injury because of her pregnancy.

The Office of the Attorney General pointed out that this lawsuit is truly unnecessary if Cox’s pregnancy puts her at risk of severe physical harm because state law already allows physicians to intervene. Dr. Karsan’s hospital policies echo this sentiment, calling for a second opinion from another physician before the child can be aborted in an emergency circumstance. While the mother and baby’s conditions certainly require careful watch, the evidence presented by the pro-abortion group does not show that Cox’s status is emergent without life-affirming alternatives for both her and the baby.

Either Cox qualifies for a medically necessary abortion, in which case her doctor can consult with other physicians at the hospital, or she does not. Medical experts told the court she does not. The group’s lawsuit is intended to increase abortions beyond the scope of current law.

Texas Right to Life Director of Media and Communication Kimberlyn Schwartz responded:

“Ms. Cox’s story is heartbreaking because all of us recognize that she and her child are equally valuable and loved by God. If you feel compassion for this situation like us, it is because we all know that there are two lives at stake and that both are supremely important. The answer is not to end the child’s life because of the baby’s disability, but state law does anticipate the serious risk to the mother.”

Judge Maya Guerra Gamble signed the order Thursday morning allowing Dr. Karsan to abort Baby Cox. However, Attorney General Ken Paxton clarified in a statement on Thursday that the physician performing a non-emergency abortion could still be legally liable since civil penalties could be brought against those who intentionally end the lives of unborn children.

Following Thursday’s proceedings, the Center for Reproductive Rights said it may want a hearing that could block all of Texas’ Pro-Life laws after the state supreme court rules in the Zurawski v. Texas lawsuit.

Meanwhile, Texas Right to Life calls on medical associations and state health agencies to provide better education and guidance to physicians about what Texas law says regarding abortions in life-threatening circumstances. At the same time, Texas Right to Life seeks to spread awareness about life-affirming resources for parents facing severe fetal diagnoses. Nonprofits across Texas, such as Abel Speaks, help parents honor their children’s lives in these difficult situations. Visit AbelSpeaks.org for assistance or more information.