14th Amendment With Abortion In San Antonio

State:
Multi-State
City:
San Antonio
Control #:
US-000280
Format:
Word; 
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

This chapter of the Texas statutes prohibits abortion in Texas. It went into effect on August 25, 2022, 30 days after a judgment overturning Roe v. Wade was issued.

Texas law allows you to have a surgical abortion up to 20 weeks (5 months) into your pregnancy, unless you have severe health problems or there is a fetal abnormality. Texas law measures pregnancy by gestational age, but most clinics measure by last menstrual period (LMP).

As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons.

sections are considered a major invasive surgery that involves removing the fetus through an abdominal incision and can carry risks of health complications, such as haemorrhaging. They aren't typically coded as abortions, and are usually done with the goal of delivering a live fetus that will survive.

(4) "Reasonable medical judgment" means a medical judgment made by a reasonably prudent physician, knowledgeable about a case and the treatment possibilities for the medical conditions involved.

The state's health and safety code currently includes exceptions if a pregnant woman “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 ...

In order for the exception to apply, three factors must be met: A licensed physician must perform the abortion. The patient must have a life-threatening condition and be at risk of death or "substantial impairment of a major bodily function" if the abortion is not performed.

A Texas law that prohibits almost all abortions went into effect in 2022. Chapter 170A of the Texas Health & Safety Code prohibits abortions in nearly all circumstances. Section 170A. 002 prohibits a person from performing, inducing, or attempting an abortion.

Does the Fourteenth Amendment prohibit gender discrimination? Yes and no. Though it technically does not make gender discrimination illegal, the Fourteenth Amendment guarantees people of all genders equal treatment and due process under the law.

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14th Amendment With Abortion In San Antonio