I strongly disagree with this Texas law. I am astonished that it passed into law, without significant limitations.
It's one thing to maintain a brain dead host body for a couple weeks when an otherwise normally forming fetus has developed to near viability. It is another thing entirely for the state to force a grieving husband to endure a fetal maturation experiment on the body of his brain dead wife, and then make him responsible for the costs and outcome over his entire lifetime.
This fetus was only 14 weeks at the time of the woman's death. No where near viability, with significant development left to go. A late second trimester, or third trimester fetus is mostly just gaining and growing, and is already fully formed, and I could see efforts aimed at getting the fetus to viability. But a 14 weeker? No. I don't think they should even be trying. I personally believe this is unethical, and morally wrong, for the woman who died, the fetus, the husband, and society. I know that is probably unpopular with some folks who are staunchly pro life from conception on, but that is my belief. I am neither completely "pro choice", nor completely "pro life." I don't know what you call that, but I believe in carefully evaluating the pros and cons of each set of circumstances, medically, socially, ethically, etc.
Texas has completely removed rights from the woman who was alive and expressed her wishes, as well removed rights from her surviving spouse. The state should not be in the position of removing medical decision making rights from any private, competent, adult citizen-- only protecting the rights of those that have rights. I personally don't believe a 14 week fetus should have "rights" that supercede the rights of any living adult people. The debate over extending "rights" to embryos and fetuses is ridiculous, IMO, and a very, very slippery slope.
I would like to see this case moved thru the courts to the SCOTUS.
Imagine if a teenage girl was in an accident, and subsequently declared brain dead. And at autopsy it was discovered she was a few weeks pregnant, early first trimester. Are prosecutors going to be compelled to bring involuntary manslaughter charges against the trauma doctors who cared for the teen, and may not have discovered her pregnancy in time to force her body to remain on "life support"? Where does it end?
Texas has created a very, very slippery slope with this law. It is just a matter of time before it is challenged in the courts, and the unfortunate survivors who will have to insist upon, and endure that challenge have my extreme sympathy. And my support, because, IMO, this law should be challenged.