AUSTIN — Gov. Greg Abbott signed legislation Wednesday that abortion opponents call a milestone measure to protect life while advocates decry it as one of the most extreme restrictions in the country and vow to continue fighting it in court.

The bill from Mineola Republican state Sen. Bryan Hughes sets a ban on abortion the moment a fetal heartbeat is detected, which is as early as six weeks, before many are aware of their pregnancy.

The bill also allows any private citizen to file a civil lawsuit against abortion providers, and anybody who “aids or abets” the performance of a procedure in violation to the ban. The bill includes an exception for medical emergencies, but not for pregnancies that resulted from cases of rape or incest.

One amendment prevents a person who impregnated an abortion patient through rape, incest or sexual assault from bringing a lawsuit forward under this measure.

Abbott, who made his support of the bill clear before it received final approval, signed the proposal alongside Hughes, Lt. Gov. Dan Patrick and state Rep. Shelby Slawson, R-Stephenville, the House sponsor. They were joined by dozens of Republican lawmakers at the governor’s mansion, and Brownsville Democratic Sen. Eddie Lucio Jr., a longtime abortion opponent.

“Our creator endowed us with the right to life and yet millions of children lose their right to life every year because of abortion,” Abbott said before signing the bill. “In Texas, we work to save those lives. That’s exactly what the Texas Legislature did this session.”

Abbott added, “The heartbeat bill is now law in the Lone Star State.”

Hughes called the legislation the “most powerful pro-life legislation in Texas history” and says it will serve as the model for other states looking to pass similar bills.

“Texas has made it very clear,” Hughes said. “If a Texan’s heartbeat is detected, his or her life will be protected.”

Abbott’s signing comes two days after the Supreme Court agreed to consider a law from Mississippi that bans nearly all abortions after the 15th week of pregnancy. With implications for Texas’ more restrictive bill, all eyes are on the potential overruling of the court’s 1973 Roe v Wade ruling.

Abortion rights advocates note that similar “heartbeat bills” in other states have been struck down in court and that the majority of Texans don’t want to further restrict abortion. According to a University of Texas/Texas Tribune poll, 13% of Texan voters said abortion should never be permitted while 31% said state law should allow abortion only in cases of rape, incest or when the abortion patient’s life is in danger. Thirty-eight percent of Texan voters said somebody who is pregnant “should always be able to obtain an abortion as a matter of personal choice.”

“Not only does this ban violate more than half a century of Supreme Court case law, it paves the way for anti-choice extremists to use our court system to go after anyone who performs abortions or considers supporting a person that has one,” said Drucilla Tigner, policy and advocacy strategist of ACLU of Texas. “… The governor’s swipe of a pen can’t change the Constitution.”

Polls from Gallup and Pew also reveal that 60%-70% of Americans say they do not want to see Roe v. Wade overturned. However, as The New York Times reported, less than 30% of Americans say that abortion “generally be legal” in the second trimester, according to Gallup.

A pre-viability abortion ban was struck down by the Supreme Court last year, though abortion opponents hold onto rejuvenated optimism after Donald Trump appointed a third conservative justice to the court.

Abortion opponents also believe Texas’ version of the bill will have better luck in court due to the provision that allows for civil action rather than government enforcement.

Abortion foes applauded Abbott and the Legislature for the passage of the bill Wednesday morning. Human Coalition Action, one of the largest organizations in the nation that opposes abortion, particpated in the signing ceremony.

“What an honor to witness Governor Abbott sign this historic heartbeat bill,” said Chelsey Youman, Texas Legislative Director for Human Coalition Action.

Youman added, “The governor’s signature boldly defends the defenseless today.”

As the legislation made its way through both chambers, abortion rights advocates raised concern over the sweeping civil lawsuit provision that targets anybody who “aids or abets” in addition to abortion providers. Advocates fear this could bring lawsuits against family members and organizations who help make abortions more accessible.

Another provision allows people who bring successful lawsuits to be awarded at least $10,000 in addition to the attorney fees.

Hours of public testimony and debate in both chambers revealed the severe disconnect on faith, science and the government’s role on an issue like abortion.

During debate on the House floor, Austin Democratic Rep. Donna Howard, a former nurse, referenced a 2019 statement from the American College of Obstetricians and Gynecologists, or ACOG, as an indication of the disagreement over what the first “detectable heartbeat” represents.

“What is interpreted as a heartbeat in these bills is actually electrically induced flickering of a portion of the fetal tissue that will become the heart as the embryo develops,” the statement partially read.

Howard said that science views a “flutter” sound from a Doppler fetal monitor as an amplified version of electrical signals rather than a heartbeat.

“I fundamentally disagree with that,” Slawson said.

“You’re telling me that the science is wrong because you don’t agree with it?” Howard said.

Slawson responded, “What I’m telling you is that when a beating heart represents a life within a womb, we have a duty to protect that innocent unborn life.”

Other abortion bills continue to move through both chambers.

Those measures include a trigger ban, which would ban abortion if the Supreme Court overturns Roe. The Senate and House have both passed their version of the bill. The House’s bill, from state Rep. Giovanni Capriglione, R-Southlake, is slated for a public hearing Thursday in the Senate’s State Affairs committee.

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