Anyone convicted of helping to kill an unborn baby in a northwest Texan city will face serious consequences.
The City of Lubbock recently approved a new ordinance that bans abortion procedures and declares a “sanctuary city for the unborn” across the Hub City, about 324 miles northwest of Dallas.
“To protect the health and welfare of all residents within the City of Lubbock, including the unborn, the City Council finds it necessary to outlaw abortion under city law and to establish penalties and remedies,” the ordinance wording said.
“The City Council of Lubbock finds it necessary to supplement … existing state law prohibitions on abortion-murder with its own prohibitions on abortion, and to empower city officials and private citizens to enforce these prohibitions to the maximum extent permitted by state law and the Constitution.”
This means it is against city law for health service providers to terminate pregnancies and even transport a pregnant mother to a clinic for an abortion procedure anywhere within city limits.
The ordinance allows family members of the mother who had an abortion procedure to sue the health service provider and anyone who, directly or indirectly, helped kill the unborn baby. The rule does not apply to expecting mothers who were raped or victims of incest.
However, the city cannot enforce the legislation until the U.S. Supreme Court overturns the 1973 Jane Roe versus Dallas County District Attorney Henry Wade decision, which protects an expecting mother’s decision to terminate her pregnancy without excessive regulatory intervention.
“The Supreme Court’s pronouncements in Roe v. Wade and subsequent cases may limit the ability of state officials to impose penalties on those who violate the Texas abortion statutes but they do not veto or erase the statutes themselves, which continue to exist as the law of Texas until they are repealed by the legislature that enacted them,” the ordinance wording said.
The Lone Star State defines criminal murder as any act that “intentionally or knowingly causes the death of an unborn child at every stage of gestation from fertilization until birth,” according to the city.
“Although the statute exempts ‘lawful medical procedures’ from the definition of murder … an abortion is not a ‘lawful medical procedure’ under Texas law unless the life of the mother is in danger,” the ordinance wording said. “The state’s temporary inability to prosecute or punish those who violate its abortion statutes on account of Roe v. Wade does not change the fact that abortion is still defined as a criminal act under Texas law.”
The Daily Caller revealed Lubbock residents overwhelmingly supported the ordinance, which passed with 62 percent of council members voting in favor on May 1. Only 38 percent voted against the new rules.
Although other Texan cities have passed similar ordinances, Lubbock is the first city to do so at the same time it declared a sanctuary city for the unborn.
“Abortion at all times and at all stages of pregnancy is declared to be an act of murder, subject to the affirmative defenses,” the wording said.
The American Civil Liberties Union (ACLU) of Texas strongly opposed Lubbock’s decision to declare itself a sanctuary city for the unborn and has already sued seven other local governments to remove similar declarations.
“ACLU has a long history of challenging unconstitutional abortion bans and will continue to fight to protect the fundamental rights of the people of Lubbock,” an ACLU Texas representative said in a statement obtained by the Daily Caller.