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Texas Cities Move to Circumvent State’s Abortion Ban

Texas Cities Move to Circumvent State’s Abortion Ban
Texas State Capitol Building | Image by Shutterstock

Some city councils in Texas are trying to circumvent the state’s near-total abortion ban after the U.S. Supreme Court voted in June to overturn Roe v. Wade, the 1973 case that legalized abortion nationwide. 

Last week, the Austin City Council approved a resolution to “decriminalize” abortion in the city. The resolution, called the “Guarding the Right to Abortion Care for Everyone (GRACE) Act,” instructs law enforcement agencies to make prosecuting abortion-seekers and providers their lowest priority.

The resolution also mandates that no funds from the City’s budget be spent on investigating or cataloging information related to any “abortion, miscarriage, or other reproductive healthcare act.”

Austin law enforcement agencies are not required to follow the decriminalization resolution. However, a spokesperson for the Austin Police Department and Travis County District Attorney José Garza stated before its passage that they intended to follow its guidelines.

The City of Waco is considering passing its own version of the GRACE Act.

As reported by The Dallas Express, the Denton City Council approved a similar resolution to “de-prioritize” the enforcement of abortion laws and discourage the use of city funds in related investigations in June. 

In San Antonio, the city council is preparing to introduce a resolution to do the same, authored by Councilmember Teri Castillo.

“…[W]e do have an authority as a city council to ask and give the policy recommendation that city funds will not be used to store or catalog any report of an abortion, miscarriage or other reproductive healthcare acts strictly for the purpose of pursuing a criminal investigation,” Castillo told The Guardian.

Castillo said she anticipates that anti-abortion officials in the state will seek to invalidate local resolutions meant to shield people seeking abortions.

Cynthia Alkon, a Texas A&M law professor, said intervention from anti-abortion officials is plausible, noting that there is a distinction between “de-prioritizing abortion criminalization” and “decriminalizing” abortion.

“If the attorney general in Texas is really hellbent on prosecuting abortion-related cases as crimes in counties where the local district attorney is rightfully exercising their discretionary authority and deciding not to, I think they’re kind of left with two choices: they either try and get appointed as attorney pro tem [for the time being] or, they change the laws of what the attorney general can do.”

In an advisory after the Supreme Court issued its official judgment to overturn Roe, Texas Attorney General Ken Paxton said he would dutifully enforce the law. 

“Texas law in a post-Roe world has already been written,” Paxton wrote. “Now that the Supreme Court has finally overturned Roe, I will do everything in my power to protect mothers, families, and unborn children, and to uphold the state laws duly enacted by the Texas Legislature.”

Tarrant County District Attorney Sharen Wilson has stated, “Prosecutors do not make the law — we follow it. We followed Roe v. Wade when it was the law and we will follow Texas state law now.”

In Dallas County, DA John Creuzot has said he will not prosecute abortion cases.

“I want women across Texas, and especially here in Dallas County, to rest assured that my office will not stand in the way of them seeking the health care they need,” Creuzot said in June. 

Texas’ “trigger law,” which classifies an abortion during any point in pregnancy as a felony punishable by up to life in prison, will go into effect on August 25. The law allows for an exception if a licensed physician determines an abortion is necessary to protect the mother’s safety. It does not make an exception for pregnancies that are the result of rape or incest.    

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21 Comments

  1. Senior Pastor

    I don’t see how this is really legal? So why do we have a Supreme Court?

    Reply
    • caseyp

      The Supreme Court decision gave abortion rights to individual states. If a state decides that it will not allow abortions I don’t see how a city government can override a governor’s state law. Austin and Denton’s resolutions won’t matter. Abortion is no longer allowed anywhere in the state of Texas.

      Reply
  2. Marus Burnett

    So the liberals decide what laws they will follow. Typical example of progressive prosecutors and legislators violating the Constitution. Theft is redefined to be under $850 and criminals rejoice. Prostitution (and in relation sex trafficking) is not prosecuted. In some jurisdictions victims of assault are advised not to defend themselves but to flee if possible. The breaking point is already present for law abiding citizens. The pushback will be vigorous. The people are fed up.

    Reply
  3. Bobby

    Austin TX Sucks – BABY MURDERERS

    Reply
    • Doug

      It’s a has-been city full of silly libs and they are all living on the fumes of Austin long ago. It was fun in the early 70s but just lame now.

      Reply
    • caseyp

      Not only because of that but Austin is the Liberal hub in the state of Texas.

      Reply
  4. TellTheTruth

    Nothing will stop their desire to sacrifice infants at the altar of their pagan gods.

    Reply
    • Andre Gorzell

      😹😹😹

      Reply
  5. Doug

    This is a step along the way to more realization of what the high court has ruled. Sooner or later in the several states their state legislatures will take up the matter and decide whether to allow abortion within their borders.

    Reply
  6. Davidson

    We have to circumvent the Supreme Court’s decision NOW????? There aren’t ENOUGH problems in this nation already with the demented Clown and his body double including all his years in office stealing from his constituents, his strung out felon of a trashy son, and the dumb blond tasteless wife embarrasing the populace? It is unfathomable that the ordinary, honest, realistic populace should have to put up with this ridiculous crap continually. We also have the disgusting “Speaker” running around Europe with her tits hanging out and her alcoholic old man embarrassing “we, the people!” They belong in jail for insider trading – should have happened YEARS ago. And the crazy, power mad old biddy is taking her show on the road resulting in China making threats if she shows her wrinkled fat ass in Taiwan. I AM BLEEDING DISGUSTED AND TOTALLY EMBARASSED BY THE SCUM IN POWER IN WASHINGTON DC!

    Reply
  7. Jack

    John Creuzot is still not doing his job. What gives him the right to decide what laws he will actively pursue? George Soros?

    Reply
  8. LensmanRBG

    Every local law enforcement has to prioritize how to enforce laws within a budget.

    Reply
  9. LensmanRBG

    If the state has a new law, the state should fund the enforcement costs.

    Reply
    • caseyp

      They do unless it’s California. California spends so much on ridiculous waste that they can’t afford to otherwise exist so they have to keep begging the federal government to pay their bills.

      Reply
  10. Charlotte

    Don’t believe in abortion? Don’t have one! Simple as that…

    Reply
    • Ranger71

      Don’t believe in murder? Don’t commit one! Simple as that…

      Reply
    • James E. Embry

      Anthropologists say that humans figured out what causes babies over 30,000 years ago. If a woman doesn’t want to have a baby, she shouldn’t do that. Simple as that!

      Reply
    • caseyp

      Abortion should not be used as a form of birth control.

      Reply
  11. ronnieB

    Let ’em go Creuzot needs to go himself!

    Reply
  12. Daniel

    I’ll worry about abortions when we have a shortage of people. What’s next, outlawing masturbation? Texas Taliban!!!

    Reply
  13. Max Frisson

    The Cult of Fetus Worshippers is out in full strength today. With chemical abortions available through the mail and at least 10 states with strong protections for the procedure, abortion is here to stay. Women want to control their bodies and destiny. Nothing is more important than that freedom.

    America is a Pro-Abortion nation.

    The Forced Birth Brigade stands ready to punish women for the sin of enjoying sex with a sentence of nine months of torture and enslaved to an unwanted MaybeBaby®. When unwanted, it is no more than a womb squatter that deserves eviction.

    Reply

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