Fifth Circuit Court of Appeals denies Petition of Rehearing En Banc by pro-abortion groups. Read the court’s statement here.
Click here to see our recent post on the requirements of the Sonogram Law now that the law is in full effect.
What a fantastic March for Life Rally in downtown Dallas this past weekend! There was beautiful weather, thousands of people, and with recent victories like the Sonogram Law, there was a renewed sense of purpose in continuing to fight for a culture of life. Don’t forget that the Texas Rally for Life is this coming Saturday at the Texas Capitol. Liberty Institute will be participating as one of the Host Committee orgainizations. For more details visit: http://www.texasrallyforlife.org/
Pictures from Dallas on Saturday:
Check out a video of the March, with the line seemingly going on forever.
The Texas Sonogram law is now in full effect as of January 13, 2012, as ordered by the Fifth Circuit Court of Appeals. Yes, every abortion clinic and abortion doctor in Texas must follow this law, now. Any doctor seeking to perform an abortion on a woman in Texas must follow this law that protects women and makes it illegal for doctors to prevent a woman from seeing a sonogram image. During the legislative process, we heard so many women testify about how abortion clinic doctors would not let them see the sonogram image.
The Sonogram law requires:
1. A woman must have the sonogram displayed so she can see it.
2. A woman must have a sonogram performed on her.
3. The baby’s heartbeat must be made audible so the woman can hear it.
4. A woman must be given a description of the sonogram image.
5. A woman must have a face to face meeting with the abortion doctor.
6. A woman must be given this information 24 hours before the abortion.
If a doctor does not provide a woman with this information, the doctor faces civil penalties.
Spread the word, and make sure every woman in Texas knows that she now has significant protections in the law when she goes into an abortion clinic. If you hear of any doctor or abortion clinic not following this law, please contact our office immediately at 512-478-2220.
U.S. Fifth Circuit Court Upholds Law Stating Sonograms Must Be Performed 24 Hours Before Abortions
AUSTIN, Texas, January 10, 2012 – Today, Liberty Institute announced a major pro-life victory when the U.S. Court of Appeals for the Fifth Circuit declared constitutional the recently enacted Texas Sonogram Law, also known as HB 15. The Fifth Circuit’s decision overturned a controversial ruling by U.S. District Judge Sparks, which enjoined the Texas law co-authored by Senator Dan Patrick and Representative Sid Miller and was signed into law by Governor Rick Perry in May 2011. The law requires doctors and certified sonographers to perform a sonogram on women seeking an abortion at least 24 hours before the procedure.
“This is one of the most important victories in the past 10 years for informed consent for women seeking an abortion,” said Jonathan Saenz, Liberty Institute Attorney who heads the office at the Texas Capitol and provided the main legal testimony for the bill during the legislative process. “Women and unborn children in Texas are safer today because of this decision and no longer subject to the abuse of abortion doctors who deny women critical medical information.”
HB 15, which amends the 2003 Texas Woman’s Right to Know Act (“WRKA”), requires the physician “who is to perform an abortion” to perform and display a sonogram of the fetus, make audible the heart auscultation of the fetus for the woman to hear, as well as explain to her the results of each procedure and to wait 24 hours, in most cases, between these disclosures and performing the abortion.
Senator Patrick said, “I was always confident that our bill would survive any constitutional question because our goal from the beginning was to protect the woman’s right to know, protect the unborn and protect the constitution.”
Representative Sid Miller, said, “I commend the court of appeals for this just decision which confirms that women have every right to be fully informed about the abortion decision and that my fellow Texas lawmakers who supported this law stayed within the bounds of U.S. Supreme Court precedent.”
In August, on behalf of Senator Patrick and Representative Miller and in support of the law, Liberty Institute filed an amicus brief in the lawsuit seeking to strike down Texas’ new sonogram law (HB 15), which was originally scheduled to go into effect on September 1, 2011. Senator Patrick and Representative Miller were the authors of HB 15 in the Texas Senate and Texas House of Representatives, respectively. Liberty Institute argued that HB 15 is consistent with The Supreme Court and only requires the disclosure of truthful and accurate information to allow women to make informed decisions regarding their pregnancies.
Read the Fifth Circuit Court’s Opinion here.
Download this press release here.