It’s no secret that Texas has one of the most restrictive abortion bans in the nation. It is also one of the most controversial. It is against this background that the Starr County District Attorney’s Office filed murder charges against Lizelle Gonzalez in 2022, alleging she caused “the death of an individual by self-induced abortion.” And thus a whole new can of worms was opened.

Senate Bill 8 had been in effect a few months when Gonzalez was charged and initially held under a $500,000 bond. Once word of her arrest spread, the usual protests began. Pro-choice activists called the arrest inhumane and a violation of a woman’s right to decide what to do with her own body. Pro-life supporters pointed to the rights of the unborn child.

The problem is that Senate Bill 8 is so broad and at times vague that it can be interpreted to mean almost anything a prosecutor–or activist–wants it to.

In this case, Gonzalez was 19 weeks pregnant when she took misoprostol.

After taking the pills, Gonzalez received an obstetrical examination at the hospital emergency room and was discharged with abdominal pain. She returned with bleeding the next day and an exam found no fetal heartbeat. Doctors performed a caesarian section to deliver a stillborn baby.

Afterwards, the hospital reported Gonzalez and the Starr County District Attorney, Gocha Ramirez, filed murder charges against her. She was held two days before bail was posted by an advocacy program. Shortly thereafter, the DA announced the charges would be dismissed. At the time, the DA explained that Gonzalez’s actions were not against the law. As Texas Public Radio noted at the time, this was “a dramatic turnaround from an indictment signed March 30, 2022, stating that Herrera ‘did then and there intentionally and knowingly cause the death of an individual J.A.H. by a self-induced abortion’.”

As expected, pro-life supporters pointed to this case as an example of what will happen as more and more restrictions were put on abortions around the country. Unfortunately, in this case at least, it is difficult to argue with them. Especially when it is hard to deny there was either a political or religious motivation behind the DA’s actions, especially in light of the fact the State Bar (which is loathe to censure sitting DA’s much less take harsher action) the February fined Gocha Ramirez $1,250 and he agreed to  have “his license held in a probated suspension for 12 months.”

Support abortion rights or not, the fact of the matter is that at that time “women who seek abortion are exempt from criminal charges.” It didn’t help the DA’s case that he indicted Gonzalez with “the death of an individual by self-induced abortion.”

Confused yet? I certainly was as I started researching the case after learning of Gonzalez’s law suit. This video from CBS11 might help clarify a few of the questions–or make the water even murkier.

As for the lawsuit Gonzalez filed, it’s pretty much what you’d expect given the circumstances. She’s asking for damages for harm she suffered as a result of the arrest and subsequent media coverage. She’s also alleging the hospital violated her privacy by contacting the DA’s Office with information about what happened. In all, she’s asking for $1 million for what she characterizes as “Defendants’ illegal and unconstitutional actions.”

This can of worms starts with the poorly written Senate Bill 8. It is important to remember that bill does not assess any criminal penalty for performing or assisting in the performance of an abortion. It lists only civil penalties. In fact, it very carefully notes that the only ones who can bring action against the abortionist is a private citizen who is not a state/government employee.

Then there’s the fact a woman seeking an abortion cannot be charged criminally for her actions.

That creates a catch-22 in situations where a woman takes one of the approved abortion pills because she no longer is just the woman seeking to terminate her pregnancy but she can also be viewed as the person conducting the abortion. Does this mean she can be held civilly liable and yet not face criminal charges? Who knows? That’s a question for the courts.

In this case, however, we have the State, in the person of the elected District Attorney of Starr County, TX, filing criminal charges against a woman wanting to terminate her pregnancy. We’re not talking a case where he dismissed the charges a few hours or even a day after the fact, during which he researched the law and discovered she did nothing that violated the criminal statutes of the state. We’re talking about a DA who accepted the file from law enforcement, filed charges, presented the case to the grand jury and convinced them to return a true bill. This doesn’t happen overnight.

He dismissed the charges two days after the grand jury returned the true bill, suddenly saying Gonzalez did nothing wrong. What changed? The law certainly didn’t.

We might never know exactly what the DA’s thought process in this situation happened to be. One thing is certain, however. His actions played right into the hands of the pro-abortion side, allowing them to point out how easy it is to misinterpret laws like Senate Bill 8 and the need for legislation to clearly set out a woman’s “right” to an abortion. Whether you support the pro-life or the pro-choice movement, this case only muddied the waters.

As for the hospital, I can only imagine what their legal counsel must be saying. They’re probably hoping somewhere in Gonzalez’s medical records, someone noted something that would cover their collective butts from a HIPAA violation.

In the long run, the real losers are going to be no just the pro-life advocates but the residents of Starr County who will see their tax dollars going to pay legal fees regarding the civil case. The residents of the state may also see an impact if the State Attorney General decides to get involved via an amicus curiae brief. There will be no real winners, at least not when it comes to the abortion issue, because this case will do nothing to clarify the issue.

Lady Justice may be blind but this case will give even her a headache.

Featured image created using Midjourney AI.