Texas woman assolied with mysogynistic murder charge post-abortion, fires back with lawsuit. Judge grants permission to proceed.

Texas woman Lizelle Gonzalez was arrested and charged with murder after self-managing an abortion. She's fighting back with a $1 million lawsuit, and a federal judge just gave it the go-ahead.

McAllen, Texas — In a resounding victory for justice, U.S. District Judge Drew B. Tipton denied a motion to dismiss the lawsuit filed by Lizelle Gonzalez, a South Texas woman who was arrested and charged with murder in 2022 for having a self-induced abortion. The charges, which were eventually dropped, caused immense trauma to Gonzalez, who spent two nights in jail and became the target of unwanted media attention.

Gonzalez's attorney, Cecilia Garza, highlighted the mental health impact of this traumatic experience, stating, "She does suffer from anxiety. A lot of it [is] related to the arrest and the incarceration... She’s very happy with today’s rulings."

Background: The Criminalization of Abortion in Texas

At the heart of this case is the criminalization of abortion in Texas, specifically the contentious Texas Senate Bill 8, which bans abortions after six weeks and enables private citizens to sue those providing abortion care. In a gross misinterpretation of the law, Gonzalez, then 26, was detained for three days in April 2022 due to an indictment filed by Starr County District Attorney Gocha Ramirez and Assistant District Attorney Alexandria Barrera. They accused Gonzalez of causing the death of her unborn child, despite the law explicitly barring mothers from being charged with murder in such cases.

The Fight for Justice

Ramirez and the other defendants, shielded by their positions of power, are claiming immunity from this civil lawsuit. During the hearing, defense attorney Rick Navarro downplayed the severity of their actions, calling it "at worst a negligence case." However, David Donatti, an attorney with the ACLU of Texas representing Gonzalez, refuted this, stating, “It is the role and function of prosecutors to be aware of the elements of the statutes that they are charging.”

Hospital Staff Complicity and Privacy Violations

Gonzalez's lawsuit also accuses staff at Starr County Memorial Hospital of violating her privacy by reporting her self-induced abortion to the Starr County District Attorney's Office. This report led to the murder charge, which was based solely on Barrera's examination of the hospital's reports, as per the complaint. The lawsuit alleges that the prosecutors misrepresented the facts and the law to the grand jury, demonstrating a reckless disregard for Gonzalez's rights.

Fallout and Accountability for Prosecutors

An investigatory panel of the Texas State Bar took action against Ramirez, fining him $1,250 and banning him from legal practice for one year. However, a settlement reached in January allows him to continue practicing law.

Additionally, the Starr County Sheriff's Department and Rio Grande Police Department were included in the complaint for their failure to properly investigate the charge.

This case exemplifies the chilling effect of Texas' extreme abortion laws and the urgent need for accountability to protect the rights and well-being of women.

Sources:

• https://apnews.com/article/texas-abortion-arrest-0a78cbb8f44cc24c3c9c811e1cc2b4d3
• https://apnews.com/article/abortion-murder-charges-texas-prosecutor-fined-c7203d75f922663f38321b8a8d27bdde