Zurawski v Texas: We Will Not Be Silenced

Two chairs to my right, a woman sobbed. The film, Zurawski v Texas, wasn’t even five minutes in and the echo of heartache, grief and fear was palpable. In the rows in front and behind me, I could hear the crumpling Kleenex packets as they made their way from one woman to another—women who didn’t know each other, but collectively grieved the experiences of Amanda Zurawski, Samantha Casiano, Dr. Austin Denard and all of the women who’ve been denied abortion access, even when their lives depended on it.

The tension in my chest and pit in my stomach only intensified as Amanda testified before the Senate Judiciary Committee. “I asked what could be done to ensure the respectful passing of our baby, and to protect me now that my body was unprotected and vulnerable—I needed an abortion. My healthcare team was anguished as they explained there was nothing they could do because of Texas’s anti-abortion law,” Amanda said. Here I sat, a 16-year-old girl, next to my mom and sister, paralyzed by the fear that this could happen to me or someone I know.

On June 24, 2022, the Supreme Court of the United States overturned Roe v. Wade, ending 50 years of the constitutional right to an abortion and clearing the way for states to ban it entirely. 100 days later, almost 1 in 3 women found themselves unable to get an abortion in their home state.

Zurawski v Texas, the 2024 documentary that premiered at the Telluride Film Festival in August, follows Center for Reproductive Rights lead counsel, Molly Duane, 20 women and two doctors as they sue the state of Texas seeking clarification on the state’s “medical emergency” abortion exception—arguing that abortion is essential medical care when a life is at risk. This is a film I believe everyone must see.

The birth of one’s child is supposed to be one of their happiest days, and yet, for these women, it was one of the most traumatic. I was in utter disbelief, and absolutely terrified for every single woman of potential childbearing age in the United States. I kept thinking to myself, how is it possible that a state’s legislation overrides the power of our doctors and dictates the healthcare we receive?

I walked out of the Palm Theatre that afternoon with three things extremely clear in my mind: women deserve legislation that protects their bodies; women deserve legislation that allows for unrestricted access to medically necessary care; and these stories need to be told.

When I interviewed Samantha, I was flooded with curiosity, appreciation, frustration and hope—I felt truly empowered. I also spoke with representatives from two pro-life organizations: California Right to Life and Walk For Life West Coast. I was curious to understand their perspective on medically necessary abortion, but overwhelmed and horrified to hear how different their perspectives were from those shared in the film.

According to the Texas State Law Library, there is only one medical exception to the state’s abortion bans following Roe.

The law states as follows, “The patient must have a life-threatening condition and be at risk of death or ‘substantial impairment of a major bodily function’ if the abortion is not performed.” This legislation’s wording has left practitioners with their hands tied, wondering if their patient’s condition is considered “life-threatening.” Amanda underwent 18 months of fertility treatment before getting pregnant with her daughter, Willow. Then, 18 weeks into her pregnancy, she faced preterm, prelabor rupture of membranes. It wasn’t healthy for her to remain pregnant, and yet she was denied an abortion. Three days later, she was diagnosed with sepsis—a condition that can be fatal in as few as 12 hours. Only then did doctors perform an emergency abortion. For the next three days she battled for her life in the ICU. Still, the infection permanently damaged one of her fallopian tubes, compromising her ability to ever get pregnant again.

Samantha, a mother of four, was denied abortion care following an anencephaly diagnosis at 20 weeks—told by healthcare professionals that her daughter, Halo, was “incompatible with life”. Knowing Halo wouldn’t survive, Samantha wanted only for her to pass in peace, with dignity and free of pain. Forced to carry to term, Samantha underwent an emotionally traumatic birth and held Halo for the four hours that she lived.

“You’re supposed to trust your doctor with your life and the fact that I couldn’t fully trust my doctor with my life was sad. Because I loved my doctor so much. But she also had to think about her life and her world. And she did the best that she could while I was under her care,” Samantha said.

As she testified in court, Samantha described the horror of being handed funeral arrangement pamphlets after receiving an anencephaly diagnosis at her 20 week appointment. As she spoke, Samantha became physically sick on the stand. The auditorium was silent, and I was in awe—these women were unbelievably brave and strong for sharing their stories.

“Our babies were going to die. These weren’t babies that we didn’t want…these babies were loved babies…so, so loved” Samantha said. These women wanted nothing more than to bring life into this world. This shared belief in the possibility of human life is what drives many pro-life organizations today. However, they hold starkly different opinions on medically necessary abortions.

“In all those situations, where a mom’s life is in danger, the safest procedure is an emergency C-section,” Dolores Meehan, co-founder of Walk for Life West Coast and nurse practitioner, said. The notion that abortion is never medically necessary has roots in the fundamental belief that abortion is violent. “Abortion is the intentional killing of the unborn child,” Mary Rose Short, director of outreach for California Right to Life, said. “Abortion is scraping the inside and vacuuming out baby body parts,” Dolores said. As she said those words, a shiver went through my body—I’d never heard such a graphic description of abortion.

Despite the Texas Supreme Court’s refusal to clarify the medical exceptions to the state’s abortion bans, these brave women shared their authentic and real stories in Zurawski v Texas. The film has been screened at film festivals nationwide, including at the Mill Valley Film Festival on October 8 and 10, and continues to seek broader distribution.

“I cannot adequately put into words the trauma and despair that comes with waiting to either lose your own life, your child’s, or both. For days, I was locked in this bizarre and avoidable hell,” Amanda said. From the chair next to me, my mom grabbed my hand and gripped it tight—like she was trying to protect me, save me. Save me from the government’s prying eyes on my body.

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Ruby Kilar

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