Kate Cox, a 31-year-old mother of two from the Dallas area, has been granted permission to get an abortion in Texas, despite the state’s ban on the procedure.
She is the first woman to ask a court to allow her to terminate her pregnancy since Roe v. Wade was overturned in 1973.
Cox learned last week that her fetus had trisomy, a fatal chromosomal condition that causes severe physical and mental defects. Her doctors told her that continuing the pregnancy would threaten her life, health and future fertility. They also said that she faced a higher risk of complications from anesthesia and cesarean section, if she were to carry the pregnancy to term.
Cox filed an emergency lawsuit on Tuesday, asking a Travis County judge to let her end her pregnancy. She said she was trying to do what was best for her baby and herself, but the state of Texas was making them both suffer.
“I need to end my pregnancy now so that I have the best chance for my health and a future pregnancy,” Cox said in a press release.
The lawsuit was filed by the Center for Reproductive Rights, which represents 20 women and two doctors who are challenging Texas’ abortion laws with regards to complicated pregnancies. The state has argued that its law is clear and does not allow abortions in cases where the fetus is unlikely to survive after birth.
The Texas Supreme Court heard arguments in another case related to this issue on Nov. 28, but it has not issued a ruling yet. The state attorney general’s office appealed a previous ruling by a Travis County judge that said the state’s abortion bans should not apply to patients with medical complications or those who have received lethal fetal diagnoses.
Cox’s case is historic because it marks the first time since before Roe v. Wade that an adult woman has asked a court to intervene to allow her to terminate a pregnancy. It also shows how far Texas has gone in restricting access to abortion services, especially for women of color and low-income women who live in rural areas.
According to NARAL Pro-Choice America, Texas has enacted more than 20 abortion restrictions since 2011, including banning abortions after six weeks of pregnancy (when many women do not know they are pregnant), requiring doctors who perform abortions to have admitting privileges at nearby hospitals (which limits their availability), and allowing private citizens or organizations to sue anyone who helps someone get an abortion (which creates fear and intimidation).
These laws have made it nearly impossible for many women in Texas to obtain an abortion safely and legally. According to Guttmacher Institute, there were only four licensed abortion providers left in the state as of October 2021. Many clinics have closed or reduced their hours due to staff shortages, financial difficulties or legal challenges.
Cox’s case could have implications for other women who are facing similar situations in Texas or other states where abortion rights are under threat. She hopes that her story will inspire others who are struggling with unwanted pregnancies or health issues related to their pregnancies.
“I’m hopeful that this will be a catalyst for change,” Cox said. “I want other women who are going through what I’m going through or worse know that they’re not alone.”
