Residents of Albany, Texas Urge Leaders to Make Their City a “Sanctuary for the Unborn”

On Monday, May 12, the City Council of Albany, Texas, heard from citizens wanting to see their city pass a Sanctuary City for the Unborn (SCFTU) ordinance further outlawing abortion. This was the second time the city council heard from a room full of citizens in support of the measure.

Prior to the council meeting last month on April 14, the Mayor and City Council received several documents in support of the proposed Albany SCFTU Ordinance, including: a (1) Key Points Fact Sheet, (2) a Medical Concerns Fact Sheet, (3) letters from Senators and Representatives from across Texas and New Mexico addressing the problem of abortion trafficking and encouraging city and county governments to pass the proposed measure, (4) an opinion from the Texas Attorney General’s Office in support of the City of Lubbock’s SCFTU Ordinance, and (5) a list of cities and counties that had passed similar ordinances across the United States. A total of 74 cities and 10 counties, of which 57 cities and 8 counties are in Texas, have passed Sanctuary for the Unborn ordinances.

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Everyone who spoke during the public comment portion of the meeting, with the exception of one, spoke in favor of the proposed measure. The only person who spoke in opposition to the measure was Albany resident Megaen Birdwell, who shared, “Well, I wasn’t really prepared to speak, but [Mayor] Susan kinda called me, so here I am.” While Birdwell shared that she was not for abortion, she was also not for Albany passing the SCFTU ordinance.

During her public comment, Birdwell made several statements which inaccurately represented the ordinance. For instance, Birdwell stated, “As a community, if we are as Christian-based as we have all just promoted, why would we want to prosecute a woman who has been raped?” However, the ordinance is clear that the mother of the unborn child cannot be prosecuted. The proposed ordinance states, “Under no circumstance may the mother of the unborn child that has been aborted, or the pregnant woman who seeks to abort her unborn child, be subject to prosecution or penalty or civil liability.”

Birdwell also stated, “As far as I can read, in the ordinance there’s no exceptions. I know that tubal pregnancies do and can kill women on a daily basis. Without a DNC the woman can and often does die, along with the child, and that is tragic. So if that woman is put in that situation and goes to a place where she is even medically allowed in the state of Texas to save her own life she will be prosecuted.” In making these claims, Birdwell was mistaken. For starters, the proposed ordinance is clear that the term “abortion” does not include “an act performed with the purpose to… Remove an ectopic pregnancy, the implantation of a fertilized egg or embryo outside of the uterus.” The removal of an ectopic pregnancy, also called a tubal pregnancy, is not considered an abortion in regards to any SCFTU ordinance.

Furthermore, the proposed ordinance does not prevent women from receiving abortions in cases determined to be medical emergencies. The proposed ordinance states, in the second declaration, “abortion at all times and at all stages of pregnancy is an unlawful act, unless the abortion is performed to save the life of the pregnant woman in a medical emergency.” The term “medical emergency” is defined in the ordinance to mean “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.”

Birdwell’s main argument, however, focused on the fact that abortion is already outlawed in Texas. Birdwell asked, “Is Albany in the State of Texas?” Mayor Susan Montgomery responded, “Yes.” Birdwell continued, “We all believe in the State of Texas and our government in Texas to govern us. To show us the way. They have already made this decision . . . It is illegal to have an abortion anywhere in Texas.” Throughout the meeting Mayor Montgomery repeated Birdwell’s statements that Texas had the issue covered. Such a statement appeared to ignore the letter the Mayor had received from Senators and Representatives across the state. The letter stated:

“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 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.”

In her concluding remarks, Mayor Montgomery stated, “these five individuals are not going to be responsible for making this decision, so therefore, it will not be brought to the council. These individuals are not in a position and it will not be brought to their vote.” While several council members had expressed a desire to vote on the measure, the Mayor claimed that she had sole authority to place items on the agenda for a vote and that she was not going to allow the measure to be voted on.

While City Manager Billy Holson proposed that the City of Albany pass a resolution to put the proposed ordinance on the ballot for voters to decide, the State of Texas does not give the City of Albany the authority to take such an action. This is because Albany is not a home rule city but a general law city. The State of Texas only gives home rule cities with city charters outlining a citizen initiative process, the authority to call for such an election.

Alphabet Soup: Types of Texas Cities, a document produced by Texas Municipal League’s legal department, states, “Citizen referendum and initiative are powers that only home rule cities possess, and then only if the city’s charter provides for it. Thus, a city council of a home rule city would have the authority to call for a referendum on an issue, including an ordinance, if the city’s charter allowed for such an election . . . For general law cities, the answer is different because the calling of an election is something that must be authorized by a particular state statute . . . because there is no state statute or Election Code provision that authorizes general law city councils to submit general ordinances to the electorate through a referendum election, a general law city may not do so.”

Despite the Mayor’s opposition to the measure, residents of Albany are optimistic for the ordinance’s passage in the future.

LifeNews Note: Mark Lee Dickson lives in Texas and is the founder of the Sanctuary Cities for the Unborn Initiative.

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