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Texas sonogram law could still face legal challenges

by JANET ST. JAMES

WFAA

Posted on January 10, 2012 at 6:44 PM

Updated Tuesday, Jan 10 at 6:49 PM

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A Texas law requiring doctors who perform abortions to show sonograms to patients has been a source of controversy since it was enacted.

When Gov. Rick Perry signed the state's new abortion law, he knew it would face a battle in court, and for the last few months, it has.

A New York-based reproductive rights group challenged the measure, saying it violated a doctors' free speech. So while the law has been tied up in court, enforcement has been on hold.

Doctors didn't have to adhere to the most controversial portion of the law because of a temporary injunction. But on Tuesday, the 5th Circuit Court of Appeals overturned that ruling.

Whether it's arms and legs or something less distinct, doctors will be required to describe the grainy sonogram image to any woman seeking an abortion.

They will also have to play the amplified sound of a heartbeat, even if the woman doesn't want to hear it.

Gov. Perry applauded the federal appeals court decision to enforce the law. "Today's ruling is a victory for all who stand in defense of life," he said.

That praise was echoed by the Catholic Pro-Life Committee of North Texas. "The 5th Circuit saw the light and realized there wasn't any infringement on the constitution with regard to this law," said Becky Visosky, a spokeswoman for the group. "All it's about is providing women the informed consent that they're entitled to. And that's basically why the sonogram bill will be enforced here in the State of Texas."

When the bill will be enforced is less clear. Planned Parenthood of North Texas said patients already scheduled for an abortion may not see any changes.

"There is a certain period of time that we're given to implement, and we're checking with our lawyers to see what that time is," said Planned Parenthood spokeswoman Kelly Hart.

Hart added that the fight over the sonogram law — a woman's right to view or not to view — is far from over.

This ruling was only on one part of the law that was being challenged. Lawyers could appeal to the U.S. Supreme Court.

Arguments in the suit against the bill as a whole are scheduled for later this month.

E-mail jstjames@wfaa.com

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