Heartbeat bill
A heartbeat bill is a type of legislation that seeks to prohibit abortions once a fetal heartbeat can be detected, which may occur as early as six weeks into a pregnancy. This concept has sparked significant debate, with supporters arguing that life begins at the first heartbeat, while critics highlight that many women may not even realize they are pregnant at six weeks, thus effectively banning most abortions. Several states in the U.S. have attempted to pass such bills, but as of late 2019, none have taken effect due to legal challenges rooted in the 1973 Supreme Court decision Roe v. Wade, which affirms the right to abortion until a fetus can survive outside the womb.
Opponents of heartbeat bills argue that they lack exceptions for cases of rape and incest and pose risks to women's health by constraining their access to safe abortions. The legal landscape around these bills continues to evolve, with various states facing judicial blocks against such legislation. Additionally, some heartbeat bills come with "trigger laws," which indicate that if Roe v. Wade is overturned, abortion would be banned entirely in those states. The ongoing legal and political debates surrounding heartbeat bills reflect broader societal discussions about reproductive rights, personal autonomy, and the definition of life.
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Heartbeat bill
A heartbeat bill bans abortion once a fetal heartbeat can be detected, which may be as soon as six weeks into a pregnancy. Heartbeat bills are extremely controversial. Those supporting them claim that since life ends when the heart stops beating, life begins with the first heartbeat. Reproductive rights activists contend that most women who are six weeks pregnant are not yet aware of the pregnancy, so heartbeat bills essentially ban abortions.
By 2019, even though some states had signed a heartbeat bill into law, none had gone into effect. All were challenged in court and blocked by judges on the basis of Roe v. Wade, the 1973 Supreme Court decision making abortion legal until a fetus can survive outside the womb.
Despite this ruling, anti-abortion groups were pushing hard to have heartbeat laws passed, possibly using them as a step toward eventually overturning Roe v. Wade and banning abortion altogether. During his 2016 presidential campaign, President Donald Trump promised to appoint justices who would overturn Roe v. Wade. He appointed Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, making the country’s highest court lean toward the right. In 2022, these justices successfully overturned Roe v. Wade. By 2024, eleven states had passed six-week abortion bans or stricter legislation.
Background
Heartbeat bills in the United States are all based on model legislation created by Faith2Action, which promotes itself as being “the nation’s largest network of pro-family groups.” According to this legislation, if a patient seeks an abortion, a physician must use standard medical practice to determine whether the fetus has a heartbeat. If a heartbeat is detected, the physician cannot perform the abortion unless it is necessary to save the mother’s life or prevent irreversible damage to her body that impairs its function. The legislation does not include an exception for rape or incest, forcing victims of these crimes to adhere to the legislation. Physicians who detect a heartbeat and perform the abortion face up to ten years in prison.
Heartbeat bills do not assign a gestational time limit for abortions and only include the presence of a heartbeat. A fetal heartbeat can be detected at six to seven weeks’ gestation, or two to three weeks after a woman has missed a menstrual period. However, some fetal heartbeats cannot be detected until twelve weeks into the pregnancy.
Those against fetal heartbeat bills point out that at six weeks the fetus is far from being able to survive outside the womb, as specified in Roe v. Wade as the time when an abortion cannot be performed. At six weeks, the fetus has no functioning organs and consists only of a gestational sac and some cells.
Opponents also point out that even if heartbeat bills are passed, women will continue to have abortions, as they did before Roe v. Wade, but will be unable to have safe abortions.
Opponents also believe that anti-abortion groups are introducing such restrictive legislation because the nation’s Supreme Court is now mostly conservative. They hope the passage of such bills will eventually overturn Roe v. Wade. This tactic was successful, and Roe v. Wade was overturned in 2022.
Overview
In 2013, North Dakota became the first state to pass a heartbeat law, but it was struck down as being unconstitutional under Roe v. Wade, which prohibits states from banning abortions on a fetus that is too small to survive outside the womb.
By 2019, several more states had passed fetal heartbeat laws. However, if they have not yet been struck down, they likely will be in the future. As of late 2019, all heartbeat bills passed by states have been blocked by judges, largely because of Roe v. Wade. Groups such as Planned Parenthood, the Center for Reproductive Rights, and the American Civil Liberties Union (ACLU) challenge the legislation as being unconstitutional and succeed. However, when Roe v. Wade was struck down in 2022, eleven states passed six-week abortion bans or stricter legislation. By December 2024, abortion was banned after conception in Louisiana, Mississippi, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia. Abortion was banned after six weeks in Florida, Georgia, Iowa, and South Carolina.
Bibliography
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