(The Center Square) – Democratic officials in Texas cities attempting to fund abortion-related services with taxpayer money are being sued.
Earlier this year, the Austin City Council allocated $500,000 in its fiscal 2024-2025 budget for a “Reproductive Health–Logistical Support” fund.
“With one of the nation’s most severe abortion bans in effect in Texas, Austinites seeking abortion care must travel hundreds or thousands of miles to other states where abortion is legal. In 2019, the City Council approved funding for this important priority. In more recent years, the City’s Reproductive Health Grant funding was significantly constrained, limiting funds to education and outreach for contraception and reproductive health care only,” its budget form states.
“Austinites seeking abortion care in other states need support from the City. Reestablishing logistical support of abortion access is critical to meet the healthcare gaps of City residents. The City’s Reproductive Health Grant must be expanded by $500,000 to support Austinites traveling to access abortion care, including support for airfare, gas reimbursements, hotel stays, ride shares, childcare stipends, companion travel, and food.”
State law prohibits anyone from transporting or funding transportation services for abortions.
Before and after the Texas Heartbeat Act was signed into law in May 2021, 22 lawsuits were filed and squashed by a March 2022 Texas Supreme Court unanimous ruling and a Fifth Circuit Court of Appeals April 2022 ruling. After the U.S. Supreme Court overturned Roe v Wade in June 2022, all preexisting Texas laws banning most abortions, with exceptions, went into effect in August 2022, The Center Square reported. Despite numerous lawsuits, the Texas Supreme Court ruled they are constitutional.
The Heartbeat Act, the state’s strictest law, bans abortions from being performed in Texas as soon as a heartbeat of the preborn baby is detected, with limited exceptions. It created a second-degree felony offense for a person who knowingly performs, induces, or attempts an abortion and created a pathway for civil lawsuits to be filed against anyone who violates the law. The law effectively ended most abortions in the state.
In September, Attorney General Ken Paxton sued the city of Austin, arguing its fund was an “unlawful use of public money.” The budget allocation violates the Texas Constitution’s Gift Clause, which stipulates that the Legislature has “no power to authorize any county, city, town, or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual … whatsoever.”
“No city in Texas has the authority to spend taxpayer money in this manner. In this case, the City of Austin is illegally seeking to use public funding to support travel expenses for out-of-state abortions. The Texas Constitution prohibits governmental entities from doing so,” he said.
Undeterred by the threat of legal action, San Antonio City Council members next allocated $500,000 for a Reproductive Justice Fund (RJF). In October, the San Antonio Family Association, Texas Right to Life, several other groups and residents sued, asking the court to stop the city “from providing taxpayer money to any organization that pays for abortion travel or that procures elective abortions for Texas residents.”
“We will not allow the City of San Antonio to give taxpayer money to criminal organizations that engage in abortion trafficking and disregard the Pro-Life laws of our state,” Texas Right to Life President Dr. John Seago said. “We will be taking discovery from every one of these abortion funds to expose their violations of state law and the criminal activities of their members and donors. Any other city in Texas that tries to give taxpayer money to abortion funds or abortion-assistance organizations will be met with a similar lawsuit.”
After being sued, city council members requested another $100,000 for “downstream services.” Groups supporting the request include Jane’s Due Process, AVOW, the Buckle Bunnies Fund, Sueños Sin Fronteras, and the Lilith Fund for Reproductive Equity.
A district court ruled against the pro-life groups, who then appealed to the Fourth Court of Appeals.
The RJF stems from an August 2022 Abortion Resolution the city council passed after Roe v. Wade was overturned. The city later received more than $20 million from publicly owned CPS Energy “to fund abortion travel, partnering with the anti-parent organization, Jane’s Due Process, instead of returning the funds to San Antonio residents and taxpayers,” the San Antonio Family Association said. Not soon after, city council members created a line item in the city’s $3.96 billion 2024 budget for the RJF. Last year, the city council approved the creation of the fund.
The latest request for funds for “downstreaming,” Mike Knuffke, president of SAFA, says, “leads to death for the baby and devastating consequences for the mother. Life is light, and if we truly care about women’s health and the future of humanity, we must reject abortion. We should love both mothers and babies, and as a first-world country, we have the resources to do so.”
