An Open Letter to Abortion Ban Supporters After Texas Sues to Access Women's Medical Records Post-Abortion
“In June, the Supreme Court overturned decades of legal precedent that gave broad regulatory authority to federal agencies. “Texas is arguing that the federal health agency doesn’t have the authority to determine what the scope of federal privacy is,” said David Donatti, a senior staff attorney at the American Civil Liberties Union of Texas, which has been active in fighting the state’s restrictions on abortion.”
Texas has sued to block federal rules that prohibit investigators from viewing the medical records of women who travel out of state to seek abortions where the procedure is legal. The lawsuit, filed on Wednesday in Federal District Court in Lubbock, targets medical privacy regulations that were issued in 2000, and takes aim at a rule issued in April that specifically bans disclosing medical records for criminal or civil investigations into “the mere act of seeking, obtaining, providing or facilitating reproductive health care.”
Texas bans abortions in almost all circumstances. Women are not subject to criminal prosecution for obtaining abortions, but state law imposes penalties of as much as life in prison for those who aid in obtaining abortions. The lawsuit claims that the privacy rules ignore federal law that lets states view medical records “for law enforcement purposes.”
In a statement on Wednesday, Texas’ attorney general, Ken Paxton, called the April rule “a backdoor attempt at weakening Texas’ laws.” He added: “The Biden administration’s motive is clear: to subvert lawful state investigations on issues that the courts have said the states may investigate.” Officials with the federal Health and Human Services Department did not comment on the lawsuit, but told The Associated Press that the Biden administration “remains committed to protecting reproductive health privacy and ensuring that no woman’s medical records are used against her.”
The April regulation came in direct response to abortion bans enacted by many Republican state legislatures after the Supreme Court overturned Roe v. Wade in 2022. A number of those states, including Texas and Alabama, have signaled their interest in extending those bans to include women who cross state lines to get an abortion.
The lawsuit filed on Wednesday also asserts that the rule covers “hormone and drug therapy for gender dysphoria, surgical procedures related to gender dysphoria, and gender experimentation.” Texas bars minors from obtaining gender-transition surgery and related care like hormone therapy. Whether Texas investigators have sought records of women who traveled out of state for abortions is unclear. But Mr. Paxton, a Republican, has demanded records on gender-transition care from organizations in Washington State and Georgia. In March, a judge temporarily blocked Mr. Paxton from forcing an L.G.B.T.Q. organization to turn over documents.
The Texas lawsuit could set off a protracted legal battle over both abortion and medical privacy rules. In June, the Supreme Court overturned decades of legal precedent that gave broad regulatory authority to federal agencies. “Texas is arguing that the federal health agency doesn’t have the authority to determine what the scope of federal privacy is,” said David Donatti, a senior staff attorney at the American Civil Liberties Union of Texas, which has been active in fighting the state’s restrictions on abortion.
“That’s remarkable both as a frontal assault on the ability of H.H.S. to define medical privacy,” he said, referring to the Health and Human Services Department. “But it also demonstrates the lengths that Texas is willing to go to to eliminate abortion and reproductive health access — not just in Texas, but across the country.” Federal health officials have regularly worked with states on criminal inquiries into matters like fraud that touch on medical privacy issues. But Mr. Donatti said that investigations into attempts to obtain a legal abortion raised constitutional questions on issues like the freedom to travel that did not apply in other circumstances.
Other states have bristled at attempts to track women who seek abortions outside state boundaries. Nearly two dozen states with Democratic legislatures or governors have enacted laws or executive orders that shield women and their doctors from investigations by states with abortion bans.
An Open Letter to Those Supporting Texas' Abortion Ban
I am writing this letter as both a trafficking survivor and one voice in a sea of many for those who have braved similar horrors. The passing of Texas' near-total abortion ban not only shows a profound lack of empathy but also a disregard for the complicated, painful realities faced by victims of severe crimes—such as rape, exploitation, and sex trafficking. It is a cruel paradox that the state claims to protect life while undermining the dignity and well-being of women forced to carry pregnancies that result from violence and exploitation.
For trafficking survivors, simply escaping from the grip of their abusers is a monumental feat. To then be legally compelled to carry and give birth to the child of their abuser compounds the trauma in unimaginable ways. This child represents a living reminder of the violation, conceived through acts of brutality and control. Such mandates amplify the psychological burden these women endure, trapping them within a cycle of PTSD, rape trauma syndrome, and other mental health challenges. Instead of finding a path toward healing and reclaiming their lives, they are forced into an unwanted motherhood that perpetuates their suffering.
The psychological impact of these laws cannot be overstated. The trauma of trafficking already creates a fracturing of the self, where victims struggle with identity, trust, and their place in the world. To be forced to carry a resultant pregnancy is to have one's body yet again claimed by someone else's will. This disregard for psychological well-being ignores the very real risk of further harm both to the mother and the child. The law imposes an emotional toll, where the survivor is not only battling against memories and fears but also against a future they did not choose.
Moreover, the ethical lines crossed by supporters of such legislation are deeply troubling. It is an ethical failure to ignore the autonomy and rights of survivors, to coerce them into a life that serves political expediency over personal safety and health. These laws reduce complex individual circumstances to a one-size-fits-all moralistic stance, one that fails to consider the profound personal implications. It is ethically indefensible to prioritize an ideology over the tangible, lived experiences of vulnerable individuals.
The moral implications of claiming such legislation as Biblical or Christian are equally distressing. At the heart of Christian teachings are compassion, love, and care for the less fortunate and oppressed. There is nothing compassionate about enforcing trauma; there is no love in legislative coercion. By upholding such laws under the guise of religious morality, supporters are distorting the teachings of faith to justify actions that are inhumane. True Christian values would advocate for the support and protection of those in distress, offering healing and redemption rather than imposing punishment and pain.
“Suppose you see a brother or sister who has no food or clothing, and you say, “Good-bye and have a good day; stay warm and eat well”—but then you don’t give that person any food or clothing. What good does that do?”
Furthermore, Texas' move to challenge federal privacy protections, seeking access to medical records of women who travel out of state for abortions, casts a shadow of surveillance and control. This pursuit of invasive scrutiny disrespects the fundamental right to privacy and shows a readiness to pursue enforcement without considering the human cost.
To those who have supported and continue to endorse these laws, I urge you to examine not just the legal, but the moral and humane consequences of your decisions. These laws do not protect; they persecute. They do not heal; they harm. While claiming to uphold the sanctity of life, they disregard the quality and dignity of life for both survivors and their potential children.
It is time for Texas to recognize the profound implications of its actions and to turn towards policies that genuinely prioritize care, support, and the well-being of its most vulnerable citizens. Justice, compassion, and true care must guide our laws, not a rigid ideology that fails to account for the complexities of human experience.
