More women join lawsuit challenging Texas’ abortion laws
Twenty women are challenging the state’s abortion laws, saying they were unable to get the health care they needed for their medically complex pregnancies.
www.texastribune.org
More women join lawsuit challenging Texas’ abortion laws
Kimberly Manzano, a new plaintiff joining a lawsuit against Texas’s abortion laws, poses for portrait at a park in McKinney on Nov. 11, 2023. Manzano had a fatal fetal diagnosis and had to travel out of state to New Mexico for an abortion. Credit: Shelby Tauber for The Texas Tribune
Twenty women are challenging the state’s abortion laws, saying they were unable to get the health care they needed for their medically complex pregnancies.
BY ELEANOR KLIBANOFF
NOV. 14, 20239 AM CENTRAL
REPUBLISH
When Kimberly Manzano’s doctor first noticed some irregularities with her pregnancy, she turned to God, praying constantly for good news. When the diagnosis worsened, she and her husband sought comfort in the Bible’s Book of Hebrews — the book of hope.
And when her doctor finally determined her baby could not survive outside the womb, she asked her pastor for advice.
“He said, ‘if you believe your doctor to be a godly man, take what the doctor says as clarity from God in your decision,’” she recalls.
Manzano and her husband, both devout Christians, decided the most loving thing they could do for their son was terminate the pregnancy. It was a difficult decision for the couple, who both considered themselves anti-abortion before this.
But that decision, between the Manzanos, their doctor and God, would now have to involve another party — the state of Texas.
Although continuing the pregnancy put her at greater risk for infection and illness, Manzano’s life was not currently in danger, so her doctor would not terminate her pregnancy. Texas’ abortion laws have no explicit exceptions lethal fetal anomalies.
So she and her husband bought last minute flights to New Mexico. Her doctor refused to send her medical records to the clinic, instead requiring her to serve as the go-between.
“I was grieving, I was processing all of this, and then I was also feeling like a criminal,” she recalled recently. “It’s dehumanizing … and it shouldn't be like this for health care.”
Danielle Mathisen, an OB/GYN resident, and her husband were thrilled when they got pregnant right on schedule. But after a devastating fetal diagnosis, they had to scramble to travel out of state for an abortion. Credit: Courtesy of Danielle Mathisen
On Tuesday, Manzano and six other women joined an ongoing court challenge to Texas’ abortion laws, bringing the total number of plaintiffs in the lawsuit to 22, including two doctors. The new plaintiffs, like the other patients on the lawsuit, allege they were denied abortion care in Texas for their medically complex pregnancies, including cases where the fetus was not expected to survive after birth. The suit, filed by the Center for Reproductive Rights, claims the state’s near-total ban on abortion violates their rights under the Texas Constitution.
After an emotional hearing in July, a Travis County judge granted a temporary injunction that protected doctors who, acting in their “good faith judgment,” terminate complicated pregnancies. The Texas Office of the Attorney General immediately appealed that ruling, putting it on hold until the Texas Supreme Court hears the case later this month.
“The harms to pregnant women in Texas is continuing every single day,” said Molly Duane, senior staff attorney for the Center for Reproductive Rights. “As more people learn about the lawsuit, they continue to tell us the same things are happening to them.”
Manzano’s experience changed her mind about abortion, and she said she’s sharing her story in hopes of educating people who don’t realize how restrictive the state’s abortion ban is.
“I think I was really naive, thinking the world was one way and going through this and seeing it’s not like that,” she said. “But in the end, God knows my heart. He knows why I’ve been through this and I’ll have to stand before him one day, and no one else.”
A doctor’s dilemma
From the first time Danielle Mathisen delivered a baby in medical school, she knew she wanted to be an OB/GYN.She also knew she wanted to be a mother. Mathisen and her husband met playing volleyball in high school in the Fort Worth area and got married in 2019. They tried to time her pregnancy around the intensive medical school schedule, and were thrilled when she got pregnant right on schedule during her fourth year.
So thrilled, in fact, that her husband passed out at the first ultrasound appointment.
“He just heard the heartbeat and the passions of fatherhood overtook him,” she said, only half kidding.
Mathisen went in for her anatomy scan at 18 weeks. She’d just finished learning how to perform pregnancy ultrasounds, so immediately, she knew something was wrong. Nothing was where it was supposed to be.
“It felt like an out of body experience,” she said. “I thought the wires got crossed and it was the girl next door’s ultrasound, because surely nothing could be wrong with my own pregnancy.”
Mathisen comes from a family of doctors. Her aunt was her OB/GYN, and Mathisen texted her from the exam room, asking if something was wrong. Her aunt sent back one word: Yes.
Mathisen’s daughter had a “laundry list” of diagnoses — a malformed brain, something wrong with the heart, a hole at the bottom of her spine, only one kidney. She was barely in the first percentile for weight.
“It just kept getting worse, which made the decision easier,” Mathisen said.
But this appointment was in September 2021, just a few weeks after Texas banned abortion after about six weeks of pregnancy. The new law allowed private citizens to sue anyone who “aided or abetted” in a prohibited lawsuit.
Mathisen had been on the other side of these conversations as a medical student, so she knew the fear her aunt was experiencing at that moment.
“We had the most legal conversation that we could have had,” she said. “And that conversation was, ‘I'm sorry, I can't help you here. But maybe someone in another state could.’ And I knew exactly what she meant.”
Mathisen and her husband went home shattered. Her mom, also a doctor, started calling clinics until she found one in New Mexico that was holding spots open for Texans. They bought first class tickets, the only ones left, and less than 24 hours after learning this heartbreaking news, were on their way to Albuquerque. Several people on the flight assumed they were going to Albuquerque for their honeymoon, a fiction they leaned into even after they returned to Texas.
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