In Texas, local governments are banning travel aid for abortions
LUBBOCK, Texas — A Texas county near New Mexico — where abortion is legal — has banned helping people traveling to get an abortion in one of the newest strategies conservatives are trying to restrict abortion access since the fall of Roe vs. Wade.
Lubbock County is the largest of four Texas counties that have now adopted a version of the measure, which would be enforced through lawsuits filed by private citizens against people who help women obtain abortions.
It is the same legal mechanism Texas used to enact a strict abortion law in 2021 before the U.S. Supreme Court allowed the state last year to ban nearly all abortions entirely.
Commissioners in the west Texas county adopted the measure 3 to 0 at a meeting Monday, rejecting some requests to postpone the vote.
The ordinance “has many legal problems,” said Lubbock County Judge Curtis Parrish, the county’s top elected official. “This ordinance, however, does not have a problem with its intent or the intent of those who are passionate about this.”
The measures expand on city ordinances rural Texas cities began passing in 2019 to ban abortion within their boundaries, even if the cities did not have a clinic performing abortions. Critics have attacked the campaign as an effort to intimidate women from seeking abortions in places where it remains legal.
New Mexico’s governor signs an executive order pledging $10 million to build a clinic that would provide abortions and other pregnancy care.
Mark Lee Dickson, a Texas pastor who has led the efforts, praised the vote.
“Guys, I long for the day [when], coast to coast, abortion is considered a great moral, social and political wrong and is outlawed in every single state,” Dickson told commissioners.
“Texans already live under some of the most restrictive and dangerous abortion bans in the country, yet antiabortion extremists continue to push additional unnecessary, confusing and fear-inducing barriers to essential healthcare,” said Autumn Keiser, spokesperson for Planned Parenthood of Greater Texas.
Texas is one of 13 states that bans abortion at all stages of pregnancy. In August, a Texas judge ruled that the state’s ban was too restrictive for women with pregnancy complications. But that ruling was swiftly put on hold following an appeal by the state.
A Texas judge says the state’s abortion ban has proved too restrictive for women with pregnancy complications and must allow exceptions without the risk of doctors facing criminal charges.
The Texas law was passed prior to the U.S. Supreme Court’s 2022 ruling that overturned the landmark Roe vs. Wade decision that allowed abortions nationwide.
No violations of the travel prohibition have been reported in the counties with similar measures already on the books. The measures would not punish women who are seeking abortions but would present legal risks to people who help transport them to get the procedure.
Legal experts have questioned whether the ordinances could be enforced.
An abortion provider accuses Beverly Hills of colluding with antiabortion activists and pressuring a landlord to block an all-trimester clinic’s opening.
“We haven’t had this kind of issue tested, so it’s really kind of a case of first impression,” said Seema Mohapatra, a health law expert and law professor at Southern Methodist University.
Lubbock County has about 317,000 residents and far outnumbers the population of the three other Texas counties — Mitchell, Goliad and Cochran — that have approved similar ordinances in recent months, with each county’s population counting fewer than 10,000 residents. Highways through Lubbock County run to New Mexico, which has seen an influx of patients since Roe was overturned.
The ban does not apply to cities within Lubbock County, including the city of Lubbock, which has about 264,000 of the county’s residents. Lubbock voters in 2021 adopted a similar measure.
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