At a public hearing on the bill the following month, Tyler representative Leo Berman took the mike and insisted that 55 million fetuses had been aborted since Roe v. Wade—or, as he called it, “a Holocaust times nine.” The author of a book on abortion rights gave a somewhat overwrought speech about the differences between “a zygote and a baby.” A woman named Darlene Harken described herself as “a victim of abortion” because, she maintained, she wasn’t warned about the mental and physical fallout from the procedure; Patricia Harless, a representative from Spring, thanked her for her “bravery” and “strength.” Alpine’s Pete Gallego countered by expressing his resentment of “people who stop caring after the child is born.”
In March the bill reached the House floor, where debate raged for three days, as much as ten hours a day. Tensions ran high in the chamber, which was lit by a benevolent winter sun that glinted off the manly oak desks and supersized leather chairs. On the first day, March 2, Miller, a burly man with white hair and a sun-lined face that wrinkles into a bright, inviting smile, explained the legislation. A former school board member from Stephenville, he has a loamy Texas accent and favors a spotless white Stetson. If you stare at him long enough, you might easily forget that it’s the twenty-first century.
Miller described his bill in a matter-of-fact tone, as if he were pushing a new municipal utility district. “What we’re attempting to do is to provide women all available information while considering abortion and allow them adequate time to digest this information and review the sonogram and carefully weigh the impact of this life-changing decision,” he began. Miller then listed everything his bill would require before an abortion could be performed. A woman would have to review with her doctor the printed materials required under the 2003 Woman’s Right to Know Act. While the sonogram image was displayed live on a screen, the doctor would have to “make audible the heartbeat, if it’s present, to the woman.” There was also a script to recite, about the location of the head, hands, and heart. Affidavits swearing that all of this had been properly carried out according to Texas law would have to be signed and filed away in case of audits. A doctor who refused could lose his or her license.
As soon as Miller finished, Houston Representative Carol Alvarado strode up to the podium. There could have been no clearer contrast: her pink knit suit evoked all those Houston ladies who lunch, its black piping setting off her raven hair. Her lipstick was a cheery shade of fuchsia, but her disgust was of the I-thought-we’d-settled-this-in-the-seventies variety.
“I do not believe that we fully understand the level of government intrusion this bill advocates,” she said tersely. The type of ultrasound necessary for women who are less than eight weeks pregnant is, she explained, “a transvaginal sonogram.”
Abruptly, many of the mostly male legislators turned their attention to a fascinating squiggle pattern on the carpet, and for a rare moment, the few female legislators on the floor commanded the debate. Representative Ana Hernandez Luna approached the back mike and sweetly asked Alvarado to explain what would happen to a woman undergoing a transvaginal sonogram.
“Well,” Alvarado answered helpfully, “she would be asked by the sonographer to undress completely from the waist down and asked to lie on the exam table and cover herself with a light paper sheet. She would then put her feet in stirrups, so that her legs are spread at a very wide angle, and asked to scoot down the table so that the pelvis is just under the edge.”
At this point, if there had been thought bubbles floating over the heads of the male legislators, they almost certainly would have been filled with expletives of embarrassment or further commentary on the carpet design.
“What does this vaginal sonogram look like?” Luna asked, ever curious.
“Well, I’m glad you asked,” Alvarado answered, “because instead of just describing it, I can show you.”
And so the state representative from Houston’s District 145 put both elbows on the lecturn and held up in her clenched fist a long, narrow plastic probe with a tiny wheel at its tip. It looked like some futuristic instrument of torture. “This is the transvaginal probe,” Alvarado explained, pointing it at her colleagues as she spoke, her finger on what looked like a trigger. “Colleagues, this is what we’re talking about. . . . This is government intrusion at its best. We’ve reached a”—she searched for the word—“climax in government intrusion.”
Those who could still focus gaped at Alvarado. No one spoke. The silence seemed to confirm for Alvarado something she had long suspected: most of the men in the House chamber didn’t know the difference between a typical ultrasound—the kind where a technician presses a wand against a pregnant belly and sends the happy couple home with a photo for their fridge—and this. She locked Miller in her sights. “What would a woman undergo in your bill?” she asked.
Miller seemed confused. “It could be an ultrasound, it could be a sonogram,” he began. “Actually, I have never had a sonogram done on me, so I’m not familiar with the exact procedure—on the medical procedure, how that proceeds.”
“There are two different kinds of sonograms,” Alvarado said, trying again to explain. “The abdominal, which most of our colleagues may think [of as] ‘jelly on the belly’—that is not what would be done here. A woman that is eight to ten weeks pregnant would have a transvaginal procedure.” Miller stammered a response, but Alvarado was not done with him. She continued the grilling for several more minutes, keeping Miller on the ropes with a sustained barrage of icky female anatomy talk. Ultimately, however, the room was stacked against her.
On March 7 Miller’s bill passed 107–42.
Over the next few months, as the Senate passed its version of the bill, which was sponsored by Houston senator Dan Patrick, and as Governor Perry signed the legislation into law at a solemnly triumphant ceremony, the exchange between Alvarado and Miller stood as a glaring reminder of the peculiar way in which women could be largely boxed out of decisions that were primarily concerning them. (A number of female Republican legislators supported the bill too, but the overwhelming majority of the votes cast in its favor were from men.) Of course, women have rarely held the reins of power in Texas, but there has also seldom been a season as combative on the subject of women’s health as the one we have experienced in the past eighteen months.
Miller’s bill was only the beginning of what turned out to be the most aggressively anti-abortion and anti-contraception session in history. In the words of one female reporter who covered the Legislature, “It was brutal.” Not only did the sonogram law pass, but drastic cuts were made to statewide family planning funds, and a Medicaid fund known as the Women’s Health Program was sent back to Washington, stamped with a big “No thanks.” When the dust settled, Texas had turned down a $9-to-$1 match of federal dollars, and the health care of 280,000 women had been placed in jeopardy. (...)
It’s a decades-old battle between the sexes over who knows best and, more importantly, who’s in charge. And over the past year, the fighting has intensified. On the one side are the Carol Alvarados of the world; on the other, the Sid Millers. The outcome will determine nothing less than the fate of Texas itself.
