SB 8 (Hughes/Slawson) passed during the 87th legislative session and went into effect on September 1, 2021. This bill is aimed at financially penalizing social workers, other helping professionals, and even volunteers working with vulnerable populations.  

The bill allows any private citizen to sue someone for “aiding and abetting” an abortion.  Aiding and abetting is laid out in chapter 7 of the Texas Penal Code, but is quite vague in the context of how that would be applied to a provider or volunteer discussing abortion with a client or referring a client to resources that include abortion.  There is concern that SB 8 could be interpreted to include a conversation with someone who asks about abortion or providing a referral to an abortion provider. The person filing the suit is eligible to receive up to $10,000 in compensation from the professional, in addition to attorney’s fees.

There are many scenarios where helping professionals may have conversations with clients about pregnancy options. Social workers work in many different settings that could put them at risk including medical clinics, hospitals, non-profit organizations, and more. A social worker discussing reproductive health options with a pregnant individual could be at risk. An advocate who shares information about abortion options with a victim of sexual assault could be sued by the rapist’s family or a random individual completely unrelated to the case could be at risk. A medical social worker making a referral for an abortion could be at risk. Either person providing information, referral, or guidance could be personally responsible for paying $10,000 to the person who sues them.

SB 8 violates the first amendment rights of social workers and all helping professionals. Everyone has a right to free speech, and that includes sharing information in a professional capacity. Social workers also have a duty, regardless of their personal beliefs, to provide objective information to their clients so those individuals can make the best decisions for themselves.

SB 8 is an unconstitutional attack on free speech and due process rights, as well as an infringement on any therapeutic or supportive conversation between a social worker or other professional and a client. By signing this petition, I stand with social workers urging our judiciary to protect our fundamental rights as American citizens.