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Texas women sued for wrongful death after aiding in abortion

Published:Saturday | March 11, 2023 | 3:42 PM
Linda Banes (left) and Ethelene Marshall stand with anti-abortion demonstrators as they gathered to sing and pray outside Planned Parenthood in Houston, June, 24, 2022, after the US Supreme Court overturned Roe v Wade. Three women in Texas are being sued for wrongful death by a man who claims they helped his now-ex-wife obtain medication for an abortion. In a lawsuit filed late Thursday, March 9, 2023, in Galveston County, Texas, Marcus Silva alleges assisting in a self-administered abortion is tantamount to aiding a murder. (Brett Coomer/Houston Chronicle via AP, File)

AUSTIN, Texas (AP) — Three women in Texas are being sued for wrongful death by a man who claims they helped his now-ex-wife obtain medication for an abortion.

It's another test of state-enforced bans since the United States Supreme court overturned the Roe v. Wade decision.

In a lawsuit filed late Thursday in Galveston County, Marcus Silva alleges assisting in a self-administered abortion is tantamount to aiding a murder.

Silva is seeking $1 million in damages.

The woman who took the medication in July — weeks after the Supreme Court struck down the constitutional right to abortion that had been in place since 1973 — is not named in the lawsuit. Texas law protects women who get an abortion from being held liable.

Abortion rights groups condemned the lawsuit, calling it an intimidation tactic.

“This is an outrageous attempt to scare people from getting abortion care and intimidate those who support their friends, family, and community in their time of need,” Autumn Katz, a lawyer with the Center for Reproductive Rights, said Friday in a statement.

“The extremists behind this lawsuit are twisting the law and judicial system to threaten and harass people seeking essential care and those who help them.”

Silva is being represented by Jonathan Mitchell — a former Texas solicitor general who helped create one of the state's abortion bans — attorneys from conservative legal group Thomas More Society and state Representative Briscoe Cain, a Houston-area Republican.

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