Woman Who Wants to Have Her Disabled Baby Aborted Leaves State After Texas Protects the Baby

After the Texas Supreme Court temporarily blocked a lower court’s ruling and is protecting a disabled baby with Trisomy 18 from abortion, the mother of the baby is now heading to another state to have the baby killed.

The case has 31-year-old Kate Cox suing the state’s abortion ban to allow her a medically unnecessary abortion just because she doesn’t want to give birth to a child with disabilities or who could die soon after birth.

As LifeNews reported last week, a Texas judge has ruled a baby can be killed in an abortion just because the baby is disabled. Cox is suing Texas, saying she is seeking an emergency exception in the state’s law protecting babies from abortions for a pregnancy that is destined to end in the death of the baby.

Cox’s baby is approximately 21 weeks old now.

A judge ruled Cox can legally get an abortion despite the fact that Texas law only allows abortions to save the life of the mother. Cox lawsuit claims that not having an abortion could make it so she can’t get pregnant again, even though the abortion could cause the same problem. The Texas Supreme Court temporarily stayed a lower court’s ruling, preventing her abortion until the higher court reaches a decision.

Now Cox is leaving the state to have a late-term abortion elsewhere.

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The Center for Reproductive Rights, a radical pro-abortion legal group hoping to use her case to expand abortions in Texas, did not reveal more details but indicated Cox has received “offers to help her access abortion elsewhere, from Kansas to Colorado to Canada.”

Texas Attorney General Ken Paxton asked the Texas Supreme Court to intervene and vacate the lower court’s ruling, arguing Cox had not established she had life-threatening conditions or that her symptoms pose a risk for her future fertility.

Paxton threatened Tuesday to prosecute whoever does the illegal abortion that would end the child’s life. He wrote in a letter that Gamble’s order does not protect doctors from prosecution because the abortion does not fall under Texas law, which allows abortions only when the pregnancy threatens the life of the mother. Medical experts told the court Cox does not qualify for an abortion because her pregnancy is not life threatening.

Paxton added that Judge Guerra Gamble’s order “will not relieve hospitals, physicians or others from civil and criminal liability for violations of Texas abortion laws.”

He also pointed out that this lawsuit is truly unnecessary if Cox’s pregnancy puts her at risk of severe physical harm because state law already allows physicians to intervene.

While the mother and baby’s conditions certainly require careful watch, the evidence presented by the pro-abortion group does not show that Cox’s status is emergent without life-affirming alternatives for both her and the baby.

Weighing in the case, officials with Texas Right to Life said, “Pregnant mothers and their babies deserve compassion and love, not to be used as instruments by pro-abortion groups.”

The Center for Reproductive Rights seeks to conflate two separate issues — the child’s disability and the risk to the mother — in order to use the lawsuit as a gateway to allow babies to be aborted for any reason, not just when the mother’s life is threatened. The group’s lawsuit is intended to increase abortions beyond the scope of current law.

Texas law clearly permits abortion in situations where the mother’s life is in jeopardy or if she would face a serious injury because of her pregnancy.

Texas Right to Life Director of Media and Communication Kimberlyn Schwartz responded:

“Ms. Cox’s story is heartbreaking because all of us recognize that she and her child are equally valuable and loved by God. If you feel compassion for this situation like us, it is because we all know that there are two lives at stake and that both are supremely important. The answer is not to end the child’s life because of the baby’s disability, but state law does anticipate the serious risk to the mother.

Following Thursday’s proceedings, the Center for Reproductive Rights said it may want a hearing that could block all of Texas’ Pro-Life laws after the state supreme court rules in the Zurawski v. Texas lawsuit.

Meanwhile, Texas Right to Life calls on medical associations and state health agencies to provide better education and guidance to physicians about what Texas law says regarding abortions in life-threatening circumstances. At the same time, Texas Right to Life seeks to spread awareness about life-affirming resources for parents facing severe fetal diagnoses. Nonprofits across Texas, such as Abel Speaks, help parents honor their children’s lives in these difficult situations. Visit AbelSpeaks.org for assistance or more information.

The ruling ignores the fact that abortion is linked to infertility and women have been unable to have children because of previous abortions.

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