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Exclusive: Inside The ‘Wall Ordinance’ Strategy Closing Texas Abortion Loopholes

Exclusive: Inside The 'Wall Ordinance' Strategy Closing Texas Abortion Loopholes | Image by StockKK/Shutterstock

Mark Lee Dickson, director of Right to Life Across Texas and the founder of the Sanctuary Cities for the Unborn initiative, sat down for an exclusive interview with The Dallas Express on the evening of May 21.

Recognized as one of the most influential pro-life advocates in the United States, Dickson advances protections for life from conception onward. As of the time of publication, Dickson has helped 97 cities and 23 counties across seven states enact Sanctuary Cities for the Unborn ordinances, with 80 cities and 21 counties in Texas alone.


Texas Abortion Ban: Strong Protections, But Significant Loopholes

In Texas, abortion is prohibited from the moment of fertilization. The only exception allows a licensed physician to perform an abortion when, in the exercise of reasonable medical judgment, the pregnant woman has a life-threatening physical condition caused or aggravated by the pregnancy that places her at risk of death or poses a serious risk of substantial impairment of a major bodily function. These conditions are outlined in Section 170A.002 of the Texas Health & Safety Code.

Texas law provides no exceptions for cases of rape or incest.

Nevertheless, it is not illegal for a woman in Texas to travel across state lines to obtain an abortion. Gaps in the regulatory framework have enabled Texas residents to secure either abortion pills or surgical abortions in other states, leading to life-threatening health complications.

According to a comprehensive 2025 study by the Ethics & Public Policy Center analyzing 865,727 mifepristone abortions, approximately 10.93% of women experience serious adverse events — such as sepsis, infection, hemorrhaging, or other life-threatening complications — within 45 days following a chemical abortion.

Research from the Charlotte Lozier Institute (May 2025) further shows that emergency department visits following chemical abortions are frequently miscoded as miscarriages, with nearly 84% of drug-induced abortion-related ER visits miscoded between 2016 and 2021, and these miscoded visits tend to involve higher-acuity complications.

According to the most recent full-year data from the Texas Health & Human Services Commission (HHSC), 7,086 induced terminations of pregnancy were reported for Texas residents in 2024. Of these, only 76 were performed in Texas, while 7,010 were obtained out of state.

This data demonstrates that, despite Texas law prohibiting abortion from the moment of fertilization, significant gaps in the regulatory framework continue to enable thousands of Texas residents to secure either abortion pills or surgical abortions in other states each year.


Sanctuary Cities for the Unborn: “Wall Ordinance” Strategy

Through the Sanctuary Cities for the Unborn initiative, launched by Dickson in 2019, a growing nationwide effort is underway to close loopholes in state abortion laws by encouraging cities and counties to pass local ordinances declaring themselves sanctuaries for the unborn.

Dickson credited country music singer Charlie Daniels as the inspiration behind the name “Sanctuary Cities for the Unborn.” Dickson said he first heard the concept during a 2017 Fox News segment in which Daniels criticized sanctuary cities for illegal aliens and suggested there should instead be sanctuary cities for the unborn. Dickson also draws biblical motivation for the initiative from Amos 5:15, which states, “Hate evil, love good, and establish justice in the gate.”

Dickson is pursuing what he calls a “wall ordinance” strategy in Texas, concentrating efforts on smaller cities and counties, noting that most cities (75%) in America have populations of 5,000 or fewer. By connecting one sanctuary city or county to the next, he aims to construct a continuous barrier across the state, making it virtually impossible to drive across state lines for an abortion. “If they have to rent a helicopter or go to the airport, that will be more expensive and more of a deterrent,” explained Dickson.

Dickson drew a parallel between his “wall ordinance” strategy and President Donald Trump’s border wall, designed to stop illegal aliens from entering America. “A wall is just a means to that end,” said Dickson, adding, “If you are building a wall just to build a wall, what’s the point?” For Dickson, the wall is simply a tool to advance the larger goal of banning abortion entirely.

In Texas, where abortion is already prohibited from the moment of fertilization under state law, these ordinances seek to add another layer of protection. “These ordinances are spreading across Texas, and the majority are passing unanimously,” said Dickson. 

Key goals shared by Dickson with The Dallas Express include:

  • Banning assistance for out-of-state abortions (often referred to as “abortion trafficking”): The ordinances make it unlawful for any person to knowingly transport, pay for, or assist a woman in traveling out of state to obtain an elective abortion — including providing transportation, funding, or even directions. Importantly, the woman seeking the abortion is exempt from any penalties under these measures.
  • Blocking chemical abortions more aggressively: Many of the ordinances invoke the federal Comstock Act to prohibit the mailing, distribution, or transportation of abortion-inducing drugs (such as mifepristone) into or through the city or county. 
  • Creating a stronger patchwork of local protections: The initiative encourages every city and county in Texas to declare itself a “Sanctuary City (or County) for the Unborn,” adding layers of local civil penalties — including the right for private citizens to file lawsuits against violators — on top of existing state law.
  • Building momentum toward a nationwide ban: The broader strategy is to use these local ordinances to create legal conflicts that could reach the U.S. Supreme Court, with the ultimate goal of fully enforcing the Comstock Act at the national level and ending elective abortion across the country.

Regarding enforcement of the Comstock Act, Dickson stated, “there does need to be clarity from the Trump administration, from several parties, including the FDA, on these federal statutes… the Comstock Act, if enforced, would end abortion in every single state in America in de facto.”

Dickson added, “If Donald Trump tomorrow wanted to enforce the Comstock Act, but with limitations, and say we’re going to have some discretion in how we prosecute these violations… meaning, enforce the Comstock Act but not against the mother of the unborn child, I would be okay with that.”


Texas Abortion Trafficking: New Mexico Clinics Draw Heavy In-State Demand

In New Mexico, parental consent or notification is not required to obtain an abortion, and many of the abortion clinics advertise to Texans specifically.

screenshot of Whole Woman’s Health webpage, taken on 05/21/26

As such, “abortion trafficking in Texas is a major problem,” explained Dickson.

The numbers speak for themselves. Whole Woman’s Health in Albuquerque, New Mexico, which previously operated clinics in Fort Worth, McKinney, McAllen, and Austin, reports that 95% of its patients are Texas residents, according to Amy Hagstrom, founder and CEO of Whole Woman’s Health, as reported by Latino USA. Similarly, Alamo Women’s Clinic in Albuquerque, which relocated from San Antonio, reports that 85% of its clients are from Texas, according to a 2024 NPR report.


The High Cost

“I think people are realizing that the stakes are high,” said Dickson, noting the volatile climate we live in and the risks associated with standing up for what is morally right.

Dickson referred to the late Charlie Kirk, who was a vocal and uncompromising advocate for the pro-life movement. Kirk repeatedly argued that abortion constitutes the unjust taking of innocent human life and should be illegal in nearly all circumstances. Kirk often framed the issue as a fundamental question of human equality, stating in 2021 that “abortion is not about women’s health; it’s about the destruction of human life,“ as reported by Cincinnati Right to Life.

“When we stand up for what is right, it could cost us our lives,” said Dickson, who himself has received multiple death threats and recently purchased a bulletproof vest. Yet Dickson remains undeterred, willing to take that risk to defend the lives of the unborn whose voices have been silenced through abortion.

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