The] federal analytical approach applies to equal protection challenges under the Texas Constitution

The court addressed the Hyde Amendment, too, and stated that it did "not believe that the discouragement of abortion through funding restrictions can, by itself, be considered purposeful discrimination against women as a class."

"It does so by elevating sex to a suspect class and subjecting sex-based classifications to heightened strict-scrutiny review."

—explaining that the Equal Rights Amendment to the Texas Constitution was "designed expressly to provide protection which supplements the federal guarantees of equal treatment" and specifies "sex, race, color, creed, or national origin" as protected classes

Applying rational-basis review, the Court determined that the law served a legitimate governmental purpose and thus upheld the funding scheme

Although the Texas Supreme Court has "never decided whether the Texas Constitution creates privacy rights coextensive with those recognized under the United States Constitution," Texas courts look to United States Supreme Court privacy cases to define the scope of privacy rights under the Texas Constitution.

The classification here is not so much directed at women as a class as it is abortion as a medical treatment, which, because it involves a potential life, has no parallel as a treatment method

To state a claim for an equal rights violation, Plaintiff must allege that equality under the law has been denied "because of a person's membership in a protected class of sex, race, color, creed, or national origin."