Avery, Texas Considers Sanctuary City for the Unborn Ordinance

On Tuesday, August 13, the City Council of Avery, Texas (pop. 462) heard about the opportunity to pass an “Ordinance Outlawing Abortion, declaring Avery a Sanctuary City for the Unborn.” The city, located on U.S, Hwy 82 between the cities of Annona (pop. 288) and De Kalb (pop. 1,769), is another strategic location in the fight against abortion trafficking in Texas. The presentation in support of the measure was made by Right to Life Across Texas. The City of Avery is planning on adding the measure to their next city council meeting agenda for a vote.

Since June 11, 2019, over 90 cities and counties across seven different states have passed local ordinances going as far as they can to protect pregnant mothers and their unborn children from the tragedy of abortion. Over 70 of these cities and counties are in the State of Texas.

Located in Red River County, the City of Avery rests in a county where over 80% of voters cast their ballot for President Donald J. Trump in the 2024 presidential election. According to proposition votes cast during the 2018 and 2022 Republican Party Primaries, many of these Republican voters are strongly pro-life. During the Republican Party Primary in 2018, Red River voters had the opportunity to vote on Proposition #7, which stated, “I believe abortion should be abolished in Texas.” Almost 75% of voters voted in favor of this proposition. During the Republican Party Primary in 2022, Red River voters had the opportunity to vote on Proposition #5, which stated, “Texas should enact a state constitutional amendment to defend the sanctity of innocent human life, created in the image of God, from fertilization until natural death.” Over 90% voted in favor of this proposition.

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If passed, the proposed Avery Sanctuary City for the Unborn Ordinance would put into place six provisions. These provisions would: (1) prohibit performing elective abortions and aiding or abetting elective abortions within the city limits (2) prohibit elective abortions on residents of the city – regardless of where the abortion takes place, (3) prohibit abortion trafficking, (4) prohibit abortion-inducing drugs, (5) prohibit criminal organizations from doing business inside the city limits, and (6) prohibit the transport and disposal of the remains of unborn children killed by an elective abortion by abortion providers outside of the State of Texas from being brought through or disposed of in the city.

The proposed Avery Sanctuary City for the Unborn Ordinance would be enforceable the same way the Texas Heartbeat Act is enforceable, through a private enforcement mechanism allowing private citizens to file civil lawsuits against anyone in violation of the law. Like the Texas Heartbeat Act, the ordinance cannot be enforced by the city or by law enforcement in any way.

During the 86th Legislative Session of the Texas Legislature, the State of Texas prohibited any political subdivision in the State of Texas from using taxpayer dollars to fund any abortion provider or any affiliate of an abortion provider. In the prohibition the State Legislature made clear that the law may not be construed to restrict a municipality or county from prohibiting abortion. Texas Government Code § 2273.005 reads, “This chapter may not be construed to restrict a municipality or county from prohibiting abortion.” During the 87th Legislative Session of the Texas Legislature, the State of Texas explicitly allowed municipalities and counties to outlaw and prohibit abortion, and to establish penalties and remedies against those who perform or enable unlawful abortions. Texas Government Code § 311.036(b) reads, “A statute may not be construed to restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state unless the statute explicitly states that political subdivisions are prohibited from regulating or prohibiting abortion in the manner described by the statute.” While the Texas Attorney General’s Office has stated that cities could always do this in their response in Planned Parenthood v. City of Lubbock (2021), the passage of this provision in the Texas Heartbeat Act made it explicitly clear that cities and counties had such authority.

In August 2023, twenty Texas Senators and Representatives penned a letter in support of cities and counties passing ordinances outlawing abortion across the State of Texas.

The letter read: “Currently there are over 50 political subdivisions in Texas which have passed local ordinances prohibiting abortion within their jurisdictions. As elected officials who voted for state legislation allowing these local actions, we are thrilled to see this wave of pro-life action at the local level and hope to see these ordinances continue to spread across our state – even in a post-Roe Texas. While it is true that abortion is outlawed in the entire State of Texas, from the point of conception, our work is far from over. Right now, throughout the State of Texas, women are being trafficked across our borders by abortion traffickers funded by abortion trafficking organizations still operating in our state. As a result, these women are being abused and traumatized by abortion across our Texas–New Mexico border and sent back to Texas for our cities and counties to deal with the aftermath taking place in our homes, our schools, our churches, and our hospitals.”

The letter continued, “The Sanctuary for the Unborn ordinances seek to protect these institutions by putting safeguards in place to protect men, women, and their children for years to come. These ordinances, which seek to close as many loopholes as possible, do not penalize women who seek or undergo abortions, but places the penalty on the party who most deserves it – the abortionist and the industry profiting from the unjust procedure, including abortion traffickers.”

Since the start of Texas Governor Greg Abbott’s first special session of the 89th Texas Legislature, where he has called the Texas Senate and House to pass legislation further protecting pregnant mothers and their unborn children from the harm of abortion, several political subdivisions have moved to pass “Sanctuary for the Unborn” ordinances seeking to do their part. With the start of the second special session of the 89th Texas Legislature starting in a matter of days, with that continued mission, many more cities and counties are expected to follow in their footsteps.

Those who wish to see their city pass an enforceable ordinance further outlawing abortion within their city limits, regardless of their state, are encouraged to sign the online petition.

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