By Jeffery R. Patterson, Executive Director, Texas Catholic Conference

Plenty of happy advocates celebrated on January 10 when the U.S. Fifth Circuit Court of Appeals struck down a temporary injunction prohibiting the state from enforcing the law while its constitutionality was debated in federal court.

The law, which was passed during the recent 82nd Texas Legislature, requires doctors who perform abortions to completely inform mothers of their baby’s stage of development and to hear his or her heartbeat in her womb prior to the procedure.  However, before the law could be effected, abortion proponents filed suit in federal court blocking its execution, claiming it a violation of doctors' First Amendment rights because it required them to disclose information that the woman may not want or need to hear.  Austin District Judge Sam Sparks sided with them, issuing a temporary order preventing the state from enforcing the law while the opponents challenged its constitutionality in court.  The Texas Attorney General appealed Judge Sparks' temporary order to the Fifth Circuit Court, who overturned the injunction on January 10 and sparked so much celebration.

In explaining their ruling, the three-judge panel said that opponents "failed to demonstrate constitutional flaws" largely because "the required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information."

Because abortion is not used strictly as a medical procedure, but as an exercise in self-determination, informed consent is essential. “The point of informed consent laws is to allow the patient to evaluate her condition and render her best decision,” wrote the court's Chief Judge Edith H Jones. “Denying her up-to-date medical information is more of an abuse to her ability to decide than providing the information.”

Judge Jones' ruling echoed the arguments made by pro-life advocates in lobbying for the bill during session. The Texas Catholic Conference (TCC) was persistent in arguing that, as Catholics, we sanctify life as a precious gift given to all of us from God.  It is a gift that should be nurtured and protected at all stages. Laws must be in place that protect the life of the unborn child and educate mothers who may not realize that the life in their womb is exactly that:  a unique, irreplaceable human life.

Hence the beauty of the sonogram law.  By requiring informed consent and access to a sonogram 24 hours before an abortion occurs--including a face-to-face conversation between mother and a physician--the law provides a last opportunity for mothers to recognize the humanity of the unborn child in their womb.

"Providing mothers access to sonograms informs them about the risks and complications associated with abortion. These consultations save lives by educating mothers who may not realize that the child they carry is exactly that – a unique, irreplaceable human life," said Daniel Cardinal DiNardo.  Both scientific studies and practical experience have proven that when mothers are fully informed about their pregnancies, they are more likely to choose life.

While some may grumble that this falls short of the total and complete eradication of abortion for which we continue to pray and work, we should never take any success for granted.  Providing comprehensive information ensures that every Texas woman seeking an abortion has all the facts about the life she is carrying, and understands the devastating impact of such a life-ending decision.  Every child lost to abortion is a tragedy; then every child we may save through education and compassion is a joyous victory.