Can You Be Sued for Helping Someone Get an Abortion?

The repeal of Roe vs. Wade is still a relatively new development in the legal world. As such, there are still many details that are being ironed out – especially in states that support legislation that bans abortions. Because of this, it should come as no surprise that many new, unexpected lawsuits are suddenly arising across the nation. But one of the strangest lawsuits on this subject has been filed in Texas. This lawsuit involves two friends who are being sued for helping a third friend get an abortion. But can you really be sued for helping someone get an abortion? The answer is more complicated than you might expect:

Husband Sues Wife’s Friends for Helping Her Get an Abortion

On April 26th, the Intercept reported on an interesting – some would say worrying – lawsuit in Texas. This lawsuit involves a wife who had a self-managed abortion in Texas, thanks to the advice of her friends. Her now ex-husband was the father of this unborn child, and he later discovered what she had done by accessing her private text messages. Not only that, but he saw a number of texts from his wife’s friends. These texts seemed to encourage the wife to not only leave her allegedly abusive husband, but also to abort the child. 

Due to Texas’ laws on abortion, the wife’s abortion was illegal. But what some might not realize is that the wife cannot be prosecuted for her role in the abortion. The patient can never be charged with a crime for aborting a child, according to Texas law. 

But the husband was not satisfied with simply letting bygones be bygones. He wanted justice for what he saw as a crime – and so he shifted his sights towards the two friends. This has resulted in an unprecedented wrongful death lawsuit. In this lawsuit, the husband is arguing that the wife’s two friends committed a crime when they advised her to get an abortion through text messages. But according to Texas abortion laws, which date back to 1925, these friends can only face consequences in civil courts and not through criminal prosecution. The husband is suing them for $1 million each. In addition, he is suing the manufacturer of the abortion pills that his wife took. 

Will This Lawsuit Succeed?

But as we all know, filing a lawsuit and winning a lawsuit are two very different things. So does this lawsuit have any chance of success? Some legal experts are doubtful, especially since the core “offender” here is the wife. Everything stems from her alleged “crime” of getting an abortion. But since her act cannot be viewed as a crime under Texas law, some experts argue that her friends cannot be held accountable, either. 

Some worry that even if this lawsuit is not successful, it may dissuade other women in Texas from getting abortions. Why? Because lawsuits expose personal, sensitive information to the public. Even if the plaintiff does not win, they still have the potential to cause embarrassment and ruin reputations. 

It is not quite clear what will happen with these lawsuits. What is clear is that there are many issues with the overturning of Roe v. Wade that still must be ironed out. One has to wonder: What happens when a new type of abortion treatment or technology arises? Will we need to revisit this issue repeatedly for the foreseeable future? Whatever the case may be, the Universal Life Church stands up for those who are fighting for their freedom and what they believe is right. Continue reading our blog to follow the latest court cases.