Planned Parenthood Fails Attempt to Thwart Texas “Sanctuary for the Unborn”

(Lubbock, Texas) Thomas More Society attorneys are applauding a federal court’s dismissal of Planned Parenthood’s challenge to a Lubbock, Texas, ordinance that declares the city a “Sanctuary for the Unborn.” A June 1, 2021 order from the United States District Court for the Northern District of Texas dismissed the abortion giant’s lawsuit against the city for lack of jurisdiction.

In September 2020, a committee of Lubbock residents filed a petition proposing an “ordinance outlawing abortion within the City of Lubbock, declaring Lubbock a sanctuary city for the unborn.” The city’s charter allows for voter-proposed ordinances to be put up for a city-wide vote. On May 1, 2021, the voters passed the ordinance with 62% supporting the measure. The ordinance became effective on June 1, 2021—the same day the court issued the order dismissing Planned Parenthood’s lawsuit against Lubbock. 

A similar bid was undertaken in March 2020 by the American Civil Liberties Union to sue various Texas communities after municipalities across the state adopted ordinances banning abortion and making their towns “sanctuaries for the unborn.” That move also failed. 

Thomas More Society Special Counsel Erick Kaardal believes that the “sanctuary cities for the unborn” have solid footing in Texas law. 

“The State of Texas has never repealed its pre-Roe v. Wade statutes that outlaw and criminalize abortion unless the mother’s life is in danger,” Kaardal explained. “The Texas legislature’s recently passed Texas Heartbeat Act is consistent with this, and the Act will take effect on September 1, 2021.” 

The now-active ordinance declares that Lubbock, Texas, is “a Sanctuary city for the Unborn” and that “abortion at all times and all stages of pregnancy is declared to be an act of murder.” Accordingly, the ordinance declares that it is unlawful to procure or perform an abortion or to aid or abet an abortion within the city limits. 

The Lubbock ordinance also creates a private-enforcement provision. That allows any citizen of Texas to sue anyone that procures, performs, or aids and abets an abortion, other than the unborn child’s mother. 

“Cities have the right to regulate businesses and practices within their bounds. A municipality may choose to allow gambling, or even prostitution, or may criminalize it,” explained Kaardal. “Abortion is a business, driven by profit, and is required to abide by municipal regulations.” 

Read the order dismissing the case, Planned Parenthood of Greater Texas v. City of Lubbock, Texas, issued June 1, 2021, by the United States District Court for the Northern District of Texas – Lubbock Division, here [https://thomasmoresociety.org/wp-content/uploads/2021/06/49-Order-Dismissing-Case-for-Lack-of-Jurisdiction-6.1.2021.pdf]. 

About the Thomas More Society

The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago, Omaha, Rancho Santa Fe, California, and Fairfield, NJ, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit thomasmoresociety.org.