Christian Nationalists in several states are looking for ways to harass and intimidate anyone who helps a family member or friend get an abortion. In Texas, where abortion is illegal after six weeks, the so-called “Texas Heartbeat Act” incorporates a strange twist: The 2021 law is enforced primarily through individuals filing civil lawsuits.
The law states that anyone (except for government employees) can sue any person who “performs or induces an abortion” or who “aids or abets the performance or inducement of an abortion” after the six-week limit. The law does not allow the person who is seeking the abortion to be punished, but its terms are so broad that it would cover medical professionals, friends who offered help and even a cab driver who drove someone across the state border to get an abortion in another state. Under the terms of the law, the person suing does not have to know the pregnant individual. If they are successful in court, their legal fees will be covered, and they will receive $10,000.
A man in Galveston tried to use the law to sue three friends of his ex-wife who helped her terminate a pregnancy. The man, Marcus Silva, recently dropped the legal action after the women fought back with their own lawsuit. That’s a good result, but the fact that this legal action happened at all is alarming – and it could be a portend of things to come.
Silva sued Jackie Noyola, Amy Carpenter and Aracely Garcia after they helped his ex-wife, Brittni Silva, obtain abortion-inducing medication. Marcus Silva sued Noyola, Carpenter and Garcia for “murderous actions” that caused unlawful death of “baby boy Silva.” He sought $1 million from each woman.
The lawsuit was brought by Jonathan Mitchell, an attorney and former Texas solicitor general whom The Texas Tribune described as “an anti-abortion legal crusader responsible for Texas’ novel ban on abortions through private lawsuits.”
The New York Times reported that Mitchell sought to use the case to win a legal ruling that fetuses have the same rights as adults. So-called “fetal personhood,” the newspaper noted, has been a longstanding goal of the anti-abortion movement.
Mitchell defended his actions, telling The Times, “We see lawyers representing Al Qaeda terrorists at Guantánamo Bay, serial murderers on death row, child molesters like Jeffrey Epstein. I’m representing fathers of aborted fetuses who have every right to pursue the legal remedies that the law provides.”
In this case, Noyola and Carpenter fought back with a counter-lawsuit. They asserted that Marcus Silva knew his ex-wife was pregnant but did nothing about it.
Noyola and Carpenter had the means and support to oppose Marcus Silva and Mitchell’s aggressive actions. Not everyone has those resources. As a result, some people may back away from offering assistance if they fear being sued, fined or imprisoned.
That’s the clear intent of the Texas law – to intimidate and harass anyone who tries to help a friend. As Carpenter told The Tribune, “These laws are just a disgusting gift to abusers. That’s who they’re written for, because no decent human is going to try to criminalize people for helping their friend.”
And bear in mind that Christian Nationalists look at draconian laws like the one in Texas as a model for the nation. Their appalling Project 2025 calls for the Centers for Disease Control and Prevention to institute “abortion surveillance” aimed at “liberal states [that] have now become sanctuaries for abortion tourism.”
We can be pleased that this recent case in Texas had a happy result, but let’s remember that the next one – and be assured, there will be a next one – may not.
That’s all the more reason to oppose Christian Nationalists and their theocratic schemes.
