This is Democracy: Episode 168 – Abortion Restrictions in Texas

This is democracy, a podcast about the people of the United States, a podcast about citizenship, about engaging with politics and the world around you. A podcast about educating yourself on today’s important issues and how to have a voice in what happens next. Welcome to our new episode of this is democracy.

This week’s episode is going to focus on a very difficult issue, a traumatic issue. In fact, for many people, particularly in the state of Texas, the question of how citizens particularly women are responding and should respond to a new abortion restrictions in our state abortion restrictions that are part of a wider net of legal efforts to limit.

Access to abortions and other health needs for women in our society today, we’re going to discuss not so much the making of these laws, but the effects of these laws on the ground. And we’re going to focus on Texas, which has become a as all of our listeners know ground zero for these efforts being pushed to.

Limit abortion access for women of all kinds. We’re going to talk to two people today who are really at the forefront of not only trying to push back against these restrictive laws, but also out in the field, trying to help women and families, uh, address the challenges that these laws have created for them.

And we’re very fortunate that they’re able to take the time to talk to us today about this experience. Uh, one of the most important parts of thinking about democracy each week. Actually understanding what the legal choices we make as a society, what they mean for people often the most vulnerable people on the ground.

So we’re joined today by Sarah wheat. Who’s the chief external affairs officer for planned parenthood of greater Texas. Uh, Sarah, thank you for joining us. And Diana Limon Mercado. Who’s the executive director of planned parenthood, Texas votes. Diana, thank you for joining us before we turn to our discussion with Sarah and Diana, we have as always our, a scene setting poem for Mr.

Zachary Suri. This is a challenging topic. Exactly. What, what’s your, what’s your, what’s your, uh, title for your poem? About freedom. Let’s hear it. The world revolves once before nightfall and I can see it from my balcony as well as you can. And she can, and that is truly what makes us human. She stands and watches as sun is molded into star and she can never look away.

She waits for evenings, fray and slipping away from the child or the partner that holds her hand and also stares up entranced by Starbucks. She is back in the morning. She returns in the morning and she stands alone. This time, her decision done and watches the constellations disappear in the soft warmth of the sun.

The world revolves once before nightfall. And she sees the sunrise even clearer than you do. And it doesn’t care whether she’s been to the clinic or to the shoreline or to the library to read poetry about freedom, very moving Zachary. What is your poem about? My poem is really, uh, about two things. Uh, the, the emotional experience of abortion, which I.

Begin to understand, but, but the, the, the, um, importance that it can play in the lives of women, uh, but also how important and central a freedom it is to be able to control one’s body and how that freedom to choose allows us to be more human until they’ve better lives and how central it is to, to, to what, what freedom means for, for so many citizens.

Right. I think that’s a great place to, to get right into this, uh, Sarah. What changed with Senate bill eight, which is this new set of restrictions on abortions in a state that already had many restrictions on abortions. Uh, how do. Sure any health center that provides abortions in Texas is unfortunately at this point, accustomed to having to require new, um, barriers that their patients have to overcome, put new restrictions in place and how they provide abortion care.

But what happens statewide on September 1st is nothing that has been, um, nothing that we’ve seen. Now 50 years that Roe V Wade has been recognized and, and the extreme impact and the devastating impact, um, is what is really hard to, um, to be able to emphasize enough. The majority of patients in Texas who are seeking an abortion, uh, are informed and, uh, notified that they are now banned from accessing an abortion safely in a health center in Texas, and that the Texas.

You know, law is requiring them to leave the state during a COVID pandemic. So, um, the majority of patients are directly blocked from accessing an abortion safely regardless of their circumstance. And you can imagine every patient coming in is in a particular situation that makes that the right decision for her.

And we’re having to be part of. You know, part of the state’s, um, restrictions and inform her that that is no longer available to her in Texas. It’s already been happening. You’ve had people coming in in the last weeks, every single day, every single day, since September 1st, the majority of patients reaching out to us are finding out that they’re going to have to leave the state or they’re coming in to verify and through the mandated sonogram process.

Um, having to inform them when in fact they are banned from accessing an abortion here in Texas, and they’re forced to treat it’s terrible. Diana you’ve long worked on issues with all sorts of communities in our state. Are you finding that there’s a differential effect that this has for different communities?

Absolutely. We know that right. For lower income working class families who are already living paycheck to paycheck already accessing abortion without this law in place was already. Um, a huge burden for them being able to find childcare because many people who are seeking abortion are already parents or being able to get time off of work, because people often are working in jobs where they cannot take paid time off, or they’re working in.

Um, I’ve heard stories of patients that are in seasonal work and are like in a busy season, right. They’re not allowed to take time off of work, um, right now. And then on top of it, you put up right historical, um, barriers and oppressions, um, particularly for black communities, black women, um, Latinos as well, who face, um, right.

Incredible barriers in accessing healthcare in general, higher rates of being uninsured. Um, less access to healthcare, more discrimination in healthcare. Um, and again, you put, you know, the barriers, um, economic barriers on top of that as well. So, um, and that’s not even to mention young people who in Texas are, um, we already have parental consent requirement laws.

And in Texas, there are additional requirements that if a young person is not able to get their parents’ consent, um, they have to go through a judicial price process called judicial bypass taxes, abortion. So now not only are they, you know, cut off at the six week point, um, but they still have to go through that judicial bypass process and say that they’re even able to get their judicial bypass, the court grants them, um, the right to consent to their own abortion.

Um, how has a young person in that situation expected to go out of state, um, right. And navigate an out-of-state system to access health care on top of it. So, um, you know, it is just barrier on top of barrier and oppression on top of oppression. Um, for the people who are already the most marginalized, but I also just want to highlight, like, you know, we’re obviously talking a lot about, um, women, but you know, the access to abortion and reproductive health and rights does not just impact women.

Um, there’s also a trans folks and non-binary folks as well, who similarly face a number of barriers and access to healthcare issues. And then on top of. I’m having to deal with this as well. Yeah. That’s, that’s clearly a very important point to make as well. Um, uh, could you briefly, uh, Sarah, describe for our listeners how devastating it can be for, for a person who needs an abortion to be denied access to that abortion.

Yeah. And I think this has been. Some of the most, these have been some of the most difficult days. I can tell you on behalf of our staff that are having these conversations with patients that are there with the patients and then having to, instead of providing them the healthcare service that they’re trained to provide skilled provide.

Instead they’re having to, you know, talk with them about what their options are and where they might be able to go. Um, The, as Diana described, like Texas already has deeply stigmatizing and patronizing, um, and shaming restrictions that are built in. Um, you know, for example, uh, even though most people seeking an abortion have already.

You know, had a pregnancy, uh, state law requires that you wait 24 hours and think about what decision you’re making, even though clearly somebody who has already been through. Completely aware of what, you know, what the decision is and what the impact is. And so just to have that, that autonomy, that your dignity stripped away.

And just to know that, you know, you don’t have the right to make, what is one of the most fundamental, basic, and intensely, um, important decisions about your health and your life? It’s? Um, it’s, it’s really been a trauma for our staff and for the patients having to have these constant. All day since September one, I can imagine.

And, and Diana, what are you hearing and seeing, um, you know, from the healthcare side, everything that Sarah just shared and as planned parenthood, Texas votes, we, um, Um, advocate for, um, policy and work in elections, um, you know, representing the interests of planned parenthood, uh, patients and health centers of which planner had greater Texas as one.

And Sarah has shared, Sarah has shared several stories from, um, at planned parenthood, you know, Gulf coast in the Houston area. They are hearing very similar stories with patients who come in to get their. Um, pregnancy data and see if they’re eligible. They come in on. Um, that first day, that first appointment, they get their sonogram done.

They’re legally able at that point to get the abortion, but state law requires 24 hour waiting period and overnight, um, as the patient goes home to comply with another law, they come back the next day. And at that point there’s cardiac activity and the health center staff is having to tell them they’re no longer eligible and, and just.

Having been required to wait overnight is now forcing that patient to go out of state and navigate not a state system and all of the travel and, you know, financial burdens that, that puts on them. And that is a, Sarah said very traumatizing, particularly, um, for patients and their families and for the health center staff, you know, health centers, the staff and providers have trained their entire professional lives to pre able to provide compassionate non-judgemental safe care.

Um, and overnight they are no longer able to provide that to people. Um, so it’s devastating on many, many levels. And as they’re said, it’s traumatic for everybody. Not only, um, you know, as we’re hearing the stories. And like I said, for patients first and foremost, and providers and feelings around them, and then as advocates, um, you know, trying to figure out where we really go from here.

You know, is it’s a tough road ahead in Texas for, you know, abortion access and reproductive health and rights. Um, and thankfully we have some very smart lawyers at all different levels and organizations, um, you know, working as fast as they can to try and find some relief from. And I want to talk about what comes next in a few minutes, but before we get to that, I, I wanted to follow up if I could Dan and ask you, we often hear about those who don’t have access to legal reproductive, healthcare and abortion, um, taking measures into their own hands in ways that are less safe.

Uh, and that certainly was the case before Roe V. Wade in 1973. Um, are we seeing some of that as well? There are definitely a lot of conversations have happening around self-managed abortion. Self-managed abortion, um, can be safe. Um, but as you said, not everybody has access to the precise medication that they need into the purse, precise, medical support, and education and information that they need to be able to do that.

And I have heard stories as well from health centers, you know, of patients who are just looking online for anything that they can find. From, you know, unverifiable resources. Um, so that can be scary for people. And unfortunately, our government has put us here where people are, you know, pursuing every option that they have to be able to simply make the best decision for themselves and for their families.

Um, You know, it’s definitely a very tough time and there are lots of organizations helping many people in different ways. The Sarah mentioned, you know, health centers in Texas are still able to provide, um, legal abortion up until six weeks. That does not give many people much time and actually takes the decision out of the hands.

For most people. There are abortion funds who are working to help people get out of state, um, with financial resources and travel support. Um, and. Um, working with patient navigators to help connect them to other providers. And there are other groups as well. Um, you know, trying to get people education, um, information, if somebody is seeking to, um,

And that leads me Sarah, to ask a question about planned parenthood, if I could. Um, what is it like as an organization? And this is not a new problem. You’ve been under attack from many sources for a long time, but, but to be attacked in this way, I mean, so much of this law seems to be aimed at what your, your organization does.

How do you as an organization react to that? Yeah. And I think, um, you know, I think that’s a great question and I think, you know, what we find interesting and, you know, Diana and I have both worked in this field, um, through several legislative sessions at this point. And so we have seen how. You know, reproductive healthcare has been weaponized.

It has been politicized. And often it’s sort of communicated as though this is only about abortion. And it’s only about planned parenthood is though somehow like if planned parenthood was not here and if abortion was banned is though that would be the end of the political goals that these politicians have been driving.

And what we see. You know, abortion is really the sort of front facing talking point that our opponents use. But if you peel that back and spend any time looking at their policies, they are eager to, you know, create barriers to birth control that this is the same, you know, same elected officials who, you know, refuse to expand Medicaid or in any way help.

The uninsured health crisis that so many citizens have and the have done really the minimal to even give, um, you know, to look like they’re paying attention to the maternal mortality rates, particularly for black women in Texas, um, and you know, sex education, you know, that’s really such an important part of all this and making sure young people are empowered with the information they need to.

You know, make decisions and understand consent and be empowered to, you know, live, live the lives and make decisions they want to every ask, you know, there are just so many, um, so many goals here that. You know, conveniently get described as abortion. And then people think, oh, it’s this political thing and it’s abortion as planned parenthood, but it’s, it’s really a fundamental, um, and complete, you know, disrespect for reproductive healthcare and a total devaluation of, um, of so.

So many people in marginalized communities who are underserved by this political system, um, th that’s such a succinct and powerful description of the political dynamics. Um, how has your organization survived? How do you, how do you keep going under, under attack? You know, and Diana definitely jumped in here as well, but, you know, I think if you look at when planned parenthood was founded, right due to powerful politicians, birth control was illegal.

And to even share information about LA about birth control and planning, pregnancies was banned. You know, planned parenthood was created at that time by breaking the law to provide birth control to in particular, you know, um, you know, uh, low-income women who were desperate for information about how to plan and space their pregnancies.

So we’re very familiar, unfortunately with powerful politicians trying to dictate, you know, reproductive health. Decisions and access to information. Um, but it is, um, you know, it is, I think because of how vulnerable Roe V Wade and this basic fundamental protection of our constitutional right to access an abortion feels very much at a, at a vulnerable tipping point right now.

So, you know, I think these are really, um, you know, these are really critical times and I think we’re, uh, we’ve got a lot of concerns about what’s ahead. Have we seen an outpouring of support from those communities that support the right to choose and have access to resources, Diana? Um, I mean, there’s definitely been a lot of support, um, coming out, um, You know, as I mentioned, we have a number of abortion funds here in Texas that are working in collaboration to fundraise so that they can provide financial support to get patients out of state and make sure that they have accommodations to be able to do that.

Um, planned parenthood obviously, um, is continuing to operate health centers and provide care on both in-state and then other affiliates out of state as well and whole women’s health. Um, it’s another abortion provider. Um, in state as well as a number of advocacy groups, including our, our organization on plant per Texas votes, um, uh, Val, um, Texas freedom network and others who work on it, there’s definitely, um, you know, we’ve really appreciate the support, um, and encouragement of people who want to be invested in this, um, you know, fight right now and for the long call with us.

Um, but w. Ultimately right there is now that abortion is illegal past six weeks in Texas. There is no amount of money here and now that can make that legal again. Um, and so what we ultimately need right, is to change the lawmakers, um, who made these decisions. And that is a long-term investment, um, that would deeply need people to be committed to, um, not only financially, but, um, in terms of political advocacy and being engaged.

Being registered to vote voting in every election at every level of government. Um, right. The stigmatization of abortion. Early, um, in many people’s lives and communities and political careers, um, right in permeates our entire culture. And so it’s something that we have to work against all the time, um, need to make sure that we’re educating voters on early and keeping them engaged in the process and should be people who care about the issue.

This issue not only engaged, you know, right now, but again, really committed to the longterm. Um, you know, fights and elections ahead and every single cycle and not all of us, the government so that we can undo, um, you know, the harm that’s been done and not only undo the harm. Right. That gets us back to, um, sort of the status quo before, which was Roe V.

Wade. But Roe V. Wade is really ultimately right. The fore of abortion access. Many people, even though abortion was still illegal in Texas, um, legal, did it mean that it was accessible for many people for all the reasons we named, right. There’s still financial barriers. And travel barriers and childcare issues, um, in marginalized communities and lack of healthcare coverage and all those other issues that really need to be expanded.

So this is a multi-year multi-site multi decades, uh, fight ahead of us. And so we appreciate the support here now, and really encourage people to get in and stay involved for the long road ahead and talk to their friends and family, um, about how they can get involved. Diana are you finding that, um, more people are getting involved that this has been a wake-up call for more people.

Um, and if people definitely have gotten involved, um, at this moment, it’s always, you know, sort of unfortunate that this is what it took. And unfortunately we have another case, um, out of Mississippi, the Dobbs, um, case that is being heard at the Supreme court on December 1st. And then we. Um, a ruling out of that CA case in the, uh, late spring, early summer, next year in, you know, that will unfortunately could unfortunately be another moment where we see, um, a spike in interest and people being outraged, um, because right row is on the line, um, in this case, and basically undo.

Um, the protections that we’ve had in place across the country, uh, for decades now are on the line. And so, like I said, we just really encourage people to get involved, stay involved, um, you know, outrage in, um, anger and urgency are typically what motivate people to come into the fights at this moment. But what keeps people coming back is hope and community.

And, you know, that’s what we’re here to provide. And, um, you know, do every single day by, uh, building up new leaders and young leaders and helping people find their voice and tell their story in this movement, um, getting them comfortable with advocating at the Capitol and city halls and, um, even considering themselves running for office, maybe.

Uh, so on that note, Sarah, what can our listeners do, uh, to, to help those suffering and, and hopefully maybe make a change in the law? Yeah. You know, that is a great question. And as Diana said, we are really, um, it gives us a ton of hope to see how many people have reached out. And we’ve seen people. You know, there’s so many, there, there is something for everybody to do in this moment.

So whether it is connect with, um, one of the abortion funds who are, you know, working in this, you know, it’s such an important time, whether it’s, you know, planned parenthood, Texas votes, uh, vows T Texas freedom network. I mean, there’s a lot of, um, really important organizations who are showing up and. You know, making sure that we are going to be continuing to hold elected officials accountable.

You know, we’ve seen business owners real creative about. You know, lifting up their support for abortion access. Um, we’ve seen people who had abortions 30 years ago and never told it right. Write their story and have it published, you know, for everybody to read. So I think, you know, this is for anybody who, um, You know, knows somebody who’s had an abortion and was grateful to have access to that abortion, which most of us do you know, this, this is, um, there’s just too much at risk, not to lean in and not to step up and be a part of speaking out because, um, we absolutely cannot, um, We can’t continue with this law, as it is statewide, the impact is too devastating and it’s moving us to Zachary.

Are you finding that, uh, for your generation and for other, um, politically aware, uh, young people like yourself? Is this an issue that’s drawing a lot of. I think it is. I think it’s, um, it’s an issue that, that seems so close to our lives, especially as, as young people growing up in Texas. Um, and, and, and sometimes we, we lose the sort of personal aspect of this and we get too caught up in the political machinations.

Um, and I think that, that this moment has been a really, really important reminder of, of the amount of suffering that happens when we don’t make the right. Right, right. I think, uh, Sarah and Diana, you’ve both given us, first of all, a, an amazing amount of information here. That’s helpful. Uh, you’ve inspired us.

Uh, and, and I wanted to close building on just what Zachary said with asking each of you to maybe just share. With our listeners, if you would, what keeps you going? Because, I mean, as Diana said, this is a long, hard fight and there’s been a lot of bad news recently. Um, you’re both bringing hope in your, in your demeanor and your energy.

Uh, but, but what keeps you going? I ask this because I’m often asked by. Listeners of ours. Yeah. How do you stay optimistic? How do you avoid despondence and, and I wonder if you might share that as, as a kind of closing thought that each of you might have for our listeners. Sarah, do you wanna go first maybe?

Yeah, sure. And, uh, you know, I think, um, you know, that’s definitely a question I’ve heard before and I have heard isn’t it hard to be working, you know, to, um, advocate for, you know, abortion access and reproductive healthcare in Texas. And. It is challenging. And yet every time we face a huge new, you know, huge new devastating setback, like this one, I’m, I’m continually amazed by the support that we do see, um, you know, whether it.

Um, you know, we’ve seen just incredible actions taken by, you know, high school students or whether it was the twelve-year-old who organized the rally at the Capitol, or, you know, the valedictorian speech who pulled out the secret speech and spoke out on behalf of abortion access. You know, we do not underestimate.

Um, the commitment that people have to this issue and how fundamental it is to our, um, you know, to how we live and who we are. And so I am, I am hopeful. I am optimistic because there’s just too much at stake here to not be. Yeah. I, um, I do same as Sarah. I get asked this question so much and I’m like, I don’t know how to, how do we keep,

where are we pulling this all from constantly? Um, You know, for me, it is really my own personal story, my family’s story, um, because it just connects me so deeply to what I know patients are experiencing on the ground and their families are my, uh, my grandma and my grandparents were teen parents. Um, my grandma had three kids by the time she was 21.

Um, and right. Nobody ever talked to her about, um, sex, sexuality, um, birth control, you know, any of those things. Um, and she always, um, you know, she eventually, um, turned to the planned parenthood, um, here in Austin. And that was, you know, sort of one of the stories. She would always tell us about how she was actually able right.

To take, to, to take control of her life, um, and to write then plan her pregnancies of what she didn’t want to have any. Um, after that. And then my mom was a teen parent, also my mom and my dad had me when they were 16 years old and they weren’t giving me options. Um, you know, they were just told you’re going to have this baby and you’re going to get married.

And, um, you know, I. You know, despite my parents’ best efforts, um, who did teach me, you know, some about birth control, um, and sex and, um, you know, all of these other topics that weren’t discussed with them, I became pregnant at 19 years old. Um, and it was an unplanned pregnancy. Um, I was actually in the process of escaping in abusive relationship and found myself pregnant by my abuser.

And, um, I went, I had been alienated by my family through that process of that relationship. I, um, went home to my mom’s house and I still remember, um, it was nighttime, it was dark, it was raining. The porch light was off. And I knocked on the door and my mom turned off the light and I was there crying. And she said, come in.

And, um, I said, I’m pregnant. And she said, come in. And I sat down with her and I talked to her about everything that had happened that I was been through and what I wanted to do, um, you know, with my life, like I wanted to escape this relationship and be able to. Control of that decision and this pregnancy, um, right.

Was like making everything worse for trying to be able to make the best decision, the best decision for me and how I could live a safe and healthy life. And I asked my mom, I said, if you were me, what would you do? And she said, if I was you, I would have an abortion. And, um, back then, you know, 20 years ago we still had the yellow pages.

So I literally went to the yellow pages and looked up a for abortion and found a health center. And my mom drove me and she hold my hand and she drove me home. And. Very compassionate non-judgemental care. And from there, I was able to reconcile with my family and go on to the life that I have now, which is I was able to be the first one in my family to go to college and graduate college.

And I’ll have two beautiful children and a wonderful husband and very healthy relationship. And I’m able to do this every day for all of those other people who are in similar or very different or whatever circumstance they’re in, but they need an abortion. And every abortion is a needed abortion and every person deserves to have the right to make that decision for themselves.

Diana, thank you for sharing that with us. Thank you. Um, that’s such a powerful story and it resonates, I think, with the experiences of so many people and it reminds us why the stakes are so. Uh, important here as, as both you and Sarah have said, and also, um, how, uh, how we can all draw energy from, from these experiences and, and see the possibility and in not simply putting up, but actually changing, changing these laws around us.

Um, I hope I hope for listeners today, this has been an opportunity to get more of an on the ground experience, uh, at least hearing. What people are experiencing on the ground. And I hope that we, as a democracy can learn to be more attentive to these experiences. As we say, every week, our democracy grows and is reshaped by the actions of individuals.

And, uh, I think we’ve been fortunate to hear about how individuals are struggling and meeting those struggles with, um, new activism in our society today. Uh, Sarah weed and Diana Mercado. Uh, thank you so much for joining us. Thank you both really enjoyed the conversation and really enjoyed Zachary’s poem.

Yeah. And Zachary, thank you for your poem, of course. And for your insights and a thoughtfulness, and most of all, thank you to our listeners for joining us for this episode of this is democracy.

this podcast is produced by the liberal arts its development studio and the college of liberal arts at the university of Texas at Austin. The music in this episode was written and recorded by Harris Codini. stay tuned for a new episode every week. You can find this is democracy on apple podcasts, Spotify, and Stitcher.

See you next.