A Texas man has filed a lawsuit against three friends of his ex-wife, CNN reports. The American is seeking a million dollars in damages from the women, acting under a law that came into force in September 2021.
Marcus Silva filed his lawsuit through lawyers in Glaveston County Court on March 9. In the letter, the man claimed that three women contributed to the death of his unborn child by helping his ex-wife terminate her pregnancy with abortion pills. The portal explains that the document did not mention Silva’s ex-wife herself as a defendant. Under Texas law, a person who undergoes an abortion is not committing a crime.
Texas. A lawsuit for “incitement to abortion”
According to CNN, the lawsuit states that the woman discovered she was pregnant in 2022, almost a year after Texas’ abortion law was tightened. The law, which took effect in September 2021, gave citizens the right to file civil lawsuits against anyone who “knowingly engages in conduct that assists, incites or induces an abortion.”
Silva divorced his wife in February 2023. In the lawsuit submitted to the court, he stated that he was the father of the unborn child. The document was accompanied by a record of messages that his then-wife allegedly exchanged with two of the defendants. The messages were about organizing an abortion and hiding a positive pregnancy test result from Silva. The third of the defendants was supposed to help get a pregnant woman abortion pills.
The author of the lawsuit is seeking damages in the amount of one million dollars. CNN emphasizes that he is represented in court by Briscoe Cain, a Republican politician who also works as a lawyer, and Jonathan Mitchell, a former attorney general and one of the main architects of the bill tightening abortion laws.
Abortion in the US. Tighter laws in Texas
According to regulations in force in Texas from September 2021 abortion is prohibited from the moment a fetal heartbeat is detected. This usually happens already around the sixth week of pregnancy, when many women are not yet aware of their pregnancy. The exception to the ban is in cases where the life of the mother is in danger or when abortion can prevent a “serious risk of significant and irreversible impairment of an important bodily function” of the woman. The act also stipulated that citizens filing a lawsuit could receive at least $10,000 if they won their case.
American in June 2022 Supreme Court gave all states permission to tighten abortion laws. The judges decided that the 1973 Roe v. Wade ruling, which established a universal right to abortion before fetal survival, is unconstitutional. Now states have the power to tighten abortion policies on their own. Thirteen states have already exercised this right.
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