The seven-months-pregnant officer reported contraction-like pains at work, but said she wasn’t allowed to leave for hours. The anti-abortion state is fighting her lawsuit, in part by saying her fetus didn’t clearly have rights.

A prison guard in Texas, Salia Issa, went into labor while working at her post. She requested to leave for the hospital but her supervisor denied her request multiple times over several hours. Issa eventually drove herself to the hospital where doctors discovered her baby was stillborn. Issa sued the prison for violating her rights and causing the death of her unborn child. However, the state is arguing it should not be held responsible and that an unborn fetus may not have rights. This is a stark contrast to Texas’ usual stance on fetal rights and protection of the unborn. Legal experts note the case highlights complications around determining when fetal personhood begins. It remains to be seen how courts will handle such issues going forward as states strengthen laws around fetal rights.