Abortion Still Illegal in Texas Despite Narrow Temporary Restraining Order

Today, four days after the Supreme Court of the United States overturned Roe v. Wade, a Harris County judge granted a temporary restraining order blocking some government officials from enforcing its pre-Roe abortion bans against several abortion clinics. However, an abortionist who commits an abortion in Texas today could be prosecuted for homicide according to a different Texas law not currently contested in court (Chapter 19 of the Texas Penal Code).  

The abortion facilities asked the judge to prevent the enforcement of Texas’ pre-Roe abortion bans against these specific abortion providers. These laws, which were never repealed, regained effect after the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization. The liberal judge agreed with the plaintiffs that the pre-Roe statutes were “repealed by implication” and can’t be enforced against the plaintiffs. However, as the Texas Heartbeat Act made explicit, the Texas Legislature has not repealed—implicitly or otherwise—any of its pre-Roe restrictions on abortion.

The temporary restraining order from this morning only narrowly blocks one avenue of legally stopping elective abortions in Texas. Thus, despite the best efforts of the abortion industry, Texas can still prosecute abortionists for murder under Texas law, specifically under Chapter 19 of the Texas Penal Code. This chapter prohibits homicide, stating that it “does not apply to the death of an unborn child if the conduct charged is… a lawful medical procedure…”

Texas Right to Life attorney Emily Cook added:

“Although some government officials are temporarily blocked from enforcing the pre-Roe statutes against certain abortion facilities, the law is still valid and abortion is no longer a ‘lawful medical procedure.’ This means that abortion is considered homicide under the Texas Penal Code and can be prosecuted as such.”

The temporary restraining order merely stops some government officials from bringing charges against these specific plaintiffs using the pre-Roe statutes. Prosecutors can still use the current homicide statutes in the Penal Code to bring charges against these abortion facilities. Moreover, the Texas Heartbeat Act and its civil enforcement mechanism is still in effect and saving the lives of preborn children with detectable heartbeats. Finally, the Trigger Ban will become active and begin banning abortion in Texas 30 days after the judgement in Dobbs is formally entered.

Abortionists’ attempt to continue their evil and deadly business is despicable, and the abortion industry should be held fully accountable for their lawlessness. We expect that our laws will be fully enforced, saving thousands of preborn lives.




Support Christian Journalism

Freedom ​is Not Free! Free Speech is essential to a functioning Democracy. The assault on honest, Christian Journalism and Media has taken a devastating toll over the last two years. Many Christian media outlets have not survived.

It is through your Generosity and Support that we are able to promote Free Speech and Safeguard our Freedoms and Liberties throughout our Communities and the Nation. Without your donations, we cannot continue to publish articles written through a Biblical worldview.

Please consider donating or subscribing today. A donation of any size makes a Big Difference. Thank you for your Support!

Joseph Menslage

As the President and Publisher of Katy and Fort Bend Christian Magazines, Joe Menslage is committed to covering social and political news from a Christian worldview. He founded Katy Christian Magazine in 2005, which swept the greater Houston and Katy areas like a storm. That’s when Joe realized the urgent need for publications willing to give voices to the voiceless, without political correctness or censorship. Joe Menslage founded sister-publication Fort Bend Christian Magazine in 2014. Prior to creating Katy Christian Magazine, Joe Menslage led a colorful life. He was born in Lake Charles, Louisiana, spent a great deal of his childhood in Colorado, and lived in a couple of other states before he moved to Houston in 1981. Joe was God-gifted with an entrepreneurial mind, and self-started other business ventures before he found his calling. In Joe’s words, our innate talents are given by the Lord, and are meant to be used to serve the Lord. Aside from being a President and Publisher, Joe Menslage is also the co-founder of Katy Christian Chamber of Commerce, where Christians can network, build business connections, listen to passionate speakers, and enjoy monthly breakfasts and lunches. Joe Menslage also hosts a weekly political satire YouTube channel. Joe Menslage has four children. Outside of work, he enjoys hiking, watching zombie movies and K dramas, ax-throwing and Krav Maga.