Texas woman wrongfully charged with murder for abortion sues

[KARAH RUCKER]

IN 2022, LIZELLE GONZALEZ OF TEXAS WAS CHARGED WITH MURDER AFTER SHE PERFORMED AN ABORTION AT 19-WEEKS PREGNANT USING MEDICATION. 

AFTER TWO NIGHTS IN JAIL – THE CHARGES WERE DROPPED BY THE COUNTY PROSECUTOR AND THAT OFFICIAL WAS REPRIMANDED FOR THE DECISION TO BRING CHARGES IN THE FIRST PLACE.

NOW – GONZALEZ IS SUING THE AUTHORITIES INVOLVED –

SEEKING ONE MILLION DOLLARS IN DAMAGES FOR WHAT SHE WENT THROUGH.

THIS INCIDENT HAPPENED IN A STATE WHERE ABORTION LAWS ARE SOME OF THE STRICTEST.

WHILE ABORTION IS LARGELY ILLEGAL IN THE STATE –

WOMEN WHO GET ABORTIONS ARE **NOT SUBJECT TO CRIMINAL OR CIVIL PENALTIES –

A COMMON MISCONCEPTION REGARDING TEXAS ABORTION LAW.

WOMEN WHO GET ABORTIONS ARE SAFE FROM PROSECUTION –

IT’S MEDICAL PROVIDERS WHO COULD FACE FINES OR JAIL TIME IF THEY PERFORM AN ABORTION OUTSIDE OF THE STATE’S EXCEPTIONS.

THE DEFENDANTS NAMED IN THE LAWSUIT –  TRIED TO HAVE THE CASE DISMISSED, ARGUING THEY ARE IMMUNE FROM SUCH LAWSUITS, BUT A FEDERAL JUDGE HAS DECIDED IT CAN PROCEED.

THE PROSECUTOR AT THE CENTER OF THE CASE –

WAS ALREADY FINED 12 HUNDRED DOLLARS AND HAD HIS LICENSE IN A “PROBATED SUSPENSION” FOR A YEAR IN A SEPARATE SETTLEMENT REACHED WITH THE STATE BAR.

BUT THE ATTORNEYS FOR THE WOMAN WHO TERMINATED HER PREGNANCY ON HER OWN TERMS –

ARGUE THIS WAS A SERIOUS OVERSIGHT OF STATE LAW.

[Joanna Grossman | Southern Methodist University law professor]

SPEAKING GENERALLY ON TEXAS ABORTION LAW –

A LAW EXPERT TOLD THE DALLAS MORNING NEWS –

“There have been cases in which people have been wrongfully charged with crimes related to self-induced abortion. But that’s a problem with rogue prosecutors rather than a reflection of what the law provides. There are no laws in Texas that criminalize self-managed (or) (self-)induced abortion.”