The Effort To Outlaw Abortion in Lubbock, Texas

Twenty-three cities throughout the State of Texas have passed enforceable ordinances outlawing abortion within their city limits. Right now there is much interest in the City of Lubbock to pass an enforceable ordinance outlawing abortion within their city limits. If the City of Lubbock passes the Sanctuary City for the Unborn Ordinance before another city does so then the City of Lubbock would become the twentieth city in the nation to pass an ordinance outlawing abortion within their city limits. Because the Lubbock Ordinance Outlawing Abortion will be voted on by the people of Lubbock on May 1st, 2021 and since several other cities will be considering passing an ordinance outlawing abortion between now and then it is likely that Lubbock will not be the twentieth city but a higher number.

The major points of the Lubbock Ordinance are:

1) The Lubbock Ordinance immediately outlaws abortion within the city limits, preventing abortions from taking place within the city limits. The main walk away from the ordinance is this: The Lubbock Ordinance states, “It shall be unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the City of Lubbock, Texas” (Section D1) and “It shall be unlawful for any person to knowingly aid or abet an abortion that occurs in the City of Lubbock, Texas.” (Section D2)

2) The proposed Lubbock Ordinance, like the other Sanctuary Cities for the Unborn ordinances, are enforceable. The Lubbock Ordinance has two major enforcement mechanisms: the public enforcement mechanism (Section E) and the private enforcement
mechanism (Section F).

3) The public enforcement mechanism establishes fines against the abortionist (Section D1, E1) and anyone who aids and abets the abortionist (Section D2, E1) for any abortion which takes place within the City limits of Lubbock. The ordinance is clear that these fines cannot be imposed unless it is determined that the individual seeking to impose the penalty upon the one who committed the unlawful act will not create an “undue burden” on women seeking abortions (Section E2b), the person, corportation, or entity who committed the unlawful act of abortion lacks standing to assert the third-party rights of women seeking abortions in court (Section E2c), or Roe v. Wade and Planned Parenthood v. Casey is overturned (Section E2a). This is only one section of the ordinance and the enforceability of this one section is not immediate, but dependent upon other factors. Unlike the public enforcement mechanism, the private enforcement mechanism is immediately enforceable. (Section F4)

Under the section entitled “Private Enforcement” the Lubbock Ordinance states, “Any person, corporation, or entity that commits an unlawful . . . other than the mother of the unborn child that has been aborted, shall be liable in tort to a surviving relative of the aborted unborn child, including the unborn child’s mother, father, grandparents, siblings or half-siblings. The person or entity that committed the unlawful act shall be liable to each surviving relative of the aborted unborn child for: (a) Compensatory damages, including damages for emotional distress; (b) Punitive damages; and (c) Costs and attorneys’ fees.” Section F-4 clearly states, “The
citizen-suit enforcement action . . . may be brought on or after the effective date of this ordinance.”

4) It also cannot be stressed enough that the Lubbock Ordinance does not go against Roe v. Wade (1973), Planned Parenthood v. Casey (1992) or any Supreme Court ruling, but works within those rulings and current federal and state laws to go as far as we legally can go to prohibit and restrict abortion access under the confines of the undue burden standard which was set by the United States Supreme Court in Planned Parenthood v. Casey (1992).

5) The Lubbock Ordinance does not penalize the mother of the unborn child that has been aborted. As it says in Section E3, “Under no circumstance may the penalty described in Section E(1) be imposed on the mother of the unborn child that has been aborted.”

6) The Lubbock Ordinance contains an exception for the life of the mother. This can be found in Section D3 which says, “It shall be an affirmative defense to the unlawful acts described in Sections D(1) and D(2) if the abortion was in respoonse to a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.”

7) Some have erroneously stated that the Sanctuary Cities for the Unborn Ordinance does not immediately outlaw abortion since the “public enforcement” is dependent upon the overturning of Roe v. Wade or a variety of other factors. This is not the case. Section E4 clarifies the fact that abortion is outlawed period, even if the public enforcement is delayed upon other factors. Section E4 states, “The
non-imposition of the penalties described in Section E(1) does not in any way legalize the conduct that has been outlawed in Section D, and it does not in any way limit or effect the availability of the private-enforcement remedies established in Section F. Abortion remains and is to be regarded as an illegal act under city law and a criminal act under state law, except when abortion is necessary to save the life of the mother. And abortion remains outlawed under both city and state law, despite the temporary and partial inability of city and state officials to punish those who violate the abortion laws on account of the Supreme Court’s decisionmaking.“ Remember, if an abortion takes place within the city limits of Lubbock upon the passing of this ordinance, the law is being broken. And while it is true that “public enforcement” is delayed upon other factors, “private enforcement” can immediately take place for any abortion taking place upon the passing of the ordinance because abortion is immediately outlawed within the city limits upon the
ordinance’s passing.

8) Abortion is not healthcare. Dr. Karysse Trandem is an obstetrician and gynecologic surgeon who has been board certified for the last seven years and is practicing. Through her practice she has seen patterns of distress in women who have had abortions. She has done research at the National Institutes of Health in Washington, D.C. and the World Health Organization in Geneva, Switzerland and she has been able to compile the risks to women who undergo an abortion. At the Lubbock March For Life Dr. Karysse Trandem
shared with those in attendance at the march that “Healthcare is not abortion.” Dr. Trandem explained, “The risks to women are four-fold. (1) Breast Cancer. Women who have one abortion have a 30 – 40% increased risk of breast cancer in their lifetime. (2) Preterm Birth. Women who have a surgical abortion have a 36% increased chance of having a preterm birth because their cervix was damaged from an abortion. (3) Uterine Damage. There can be a hemorrhage that occurs when an active pregnancy is separated from the wall of the uterus. That can lead to severe hemorrhage, even death, and scarring that prevents future pregnancies. (4) Mental Health Issues. Women who have one abortion have an 81% increased risk of having emotional health problems that stays with them for the rest of their life. Like depression, anxiety, post traumatic stress disorder, and a higher rate of suicide.”

9) If the ordinance is adopted by the City of Lubbock and the City of Lubbock faces a lawsuit as a result
of the adoption of this ordinance Attorney Jonathan F. Mitchell, the former Solicitor General of Texas, is
willing to represent the city at no cost to the city and taxpayers.

10) The Nine Findings mentioned in Section A outline the basis of why the Lubbock Ordinance Outlawing
Abortion Within the City Limits is even possible. The Nine Findings address the Unrepealed State Law Basis
(A1-3), the Separation of Powers Basis (A4-5), the Texas Murder Statute Basis (A6), the Texas Health and
Safety Code Basis (A7), and the Local Government Code Basis (A8-9).

11) Those who we have elected to make laws at our State Capitol in Austin, Texas have passed legislation
which supports cities passing legislation on the local level which prohibits abortion within their jurisdiction.
This is something many of our senators and elected officials have voiced their support of as we join with
them at our local level in making sure babies are not murdered in our cities. (See Elected Official Letter)
For more information about the Sanctuary Cities for the Unborn initiative visit http://www.sanctuarycitiesfortheunborn.com/