17th Texas county outlaws abortion and use of roads for ‘abortion trafficking’

Disclaimer: Opinions expressed in this guest post are solely those of the author.

A county that is part of the broader Dallas-Fort Worth Metroplex area has further outlawed abortion and abortion trafficking within the unincorporated area of their county.

Hood County (pop. 61,598) is the first county in the Where the West Begins - Fort Worth Region of Texas to pass a Sanctuary County for the Unborn (SCFTU) Ordinance. 

The passage made Hood County (pop. 61,598) the 17th county in Texas to outlaw abortion trafficking – following Mitchell (pop. 9,070), Goliad (pop. 7,012), Cochran (pop. 2,547), Lubbock (pop. 317,561), Dawson (pop. 12,130), Jack (pop. 8,875), Shackelford (pop. 3,105), Camp (pop.13,164), Shelby (pop. 24,179), Hopkins (pop. 38,784), Dickens (pop. 1,725),  Howard (pop. 34,860), Motley (pop. 1,063), Crosby (pop. 5,133), Borden (pop. 631), and Hall (pop. 2,825) counties — as well as the 19th county and the 112th political subdivision to outlaw abortion in the United States. The effort to see political subdivisions throughout Texas outlaw abortion trafficking through the Sanctuaries for the Unborn initiative is supported by lawmakers across Texas and New Mexico.

The Ordinance:

As a result of the ordinance, it is now illegal to use the sections of U.S. Highway 377, State Highway 144, and all sections of all other roads found in Hood County for the purpose of abortion trafficking. The ordinance is part of a cultural shift that looks at abortion trafficking the same way as drug trafficking or sex trafficking, and is intentionally written to facilitate the end of abortion throughout the United States. 

While Avow Texas – formerly known as ‘NARAL Pro-Choice Texas’ – had put out a call to action on social media encouraging its followers to mobilize at 8:30 AM and pack out the room to stop Hood County from passing the measure, their call to action fell flat – just as it had in Hall County the day before.

The room was packed, with several hundred in attendance, but it was not packed as a result of Avow Texas. The room was packed by individuals addressing a moratorium on data center development. Still, several who were there to speak on the data centers saw the vote for life as a parallel issue.

One such speaker was Hood County resident Matt Long, who shared:

"As a father of nine, probably better known as the husband of the mother of nine, I can certainly appreciate Item #11 on the agenda declaring Hood County a Sanctuary County for the Unborn. But I got to tell you, I do need to say that I don't understand how we can be both a sanctuary county and a sacrificial zone at the same time. 

And while I do appreciate being a Sanctuary County for the Unborn, I think we should also be a Sanctuary County for the Born as well. And the quote from that ordinance from Thomas Jefferson says that the care of human life and happiness and not their destruction is the first and only legitimate object of good government. It's as if all other laws are subordinate to this one: Do no harm." 

When the time had come for the Hood County SCFTU Ordinance to be considered, Hood County Commissioner Nannette Samuelson shared her heart on the issue:

"While Texas has passed strong pro-life bills over the past several legislative sessions, the protection of the unborn, the tiniest and most vulnerable human beings, is not yet complete.

Please refer to the letter that we received from the House of Representatives in Austin, Texas, which states that ‘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.’ Please also refer to another letter from the New Mexico Legislature . . . stating, ‘we have seen over a thousand abortions per month come into the state of New Mexico from the state of Texas.’

The intent is clear. The ordinance prohibits the abortion trafficking of pregnant mothers and unborn babies, seeking to love them both and protect them both from the tragedy and violence of abortion. These pregnant mothers are being targeted. They should not be targeted. Their unborn children should not be killed. Not in New Mexico, not in Colorado, not in Kansas, not anywhere.

This ordinance is a deterrent. The ordinance is not enforced by law enforcement, but is enforced by allowing private citizens to file a civil right of action against the abortion industry, just like we have seen in the historic Texas Heartbeat bill . . . If this ordinance saves one pregnant mother and her unborn child, it will be more than worth it."

After hearing a 15-minute presentation from the founder of the SCFTU Initiative on the proposed Hood County SCFTU Ordinance, public comment was heard from those in attendance. Out of the several hundred who were in attendance for the meeting, only two spoke against the pro-life measure.

Hood County resident Tina Brown stated:

“Texas already has strong laws for the protection of the unborn . . . Can the county actually close a loophole of a state law? I’m not sure that’s legal. I'm not saying that unborn babies don't need protection. I'm saying that Texas already has these laws. This is a waste of the court's time, a waste of money. This should have been presented as a resolution. I’m in support of Texas laws already on the books.”

In response, Commissioner Nannette Samuelson stated:

“Very sad for you to say that this is a waste of time . . . Did you read the packet? I know you're very thorough in reading what's attached to our agenda. If you would read the letter from the Texas Legislature, that will answer your questions . . . I'm just still shocked that you think this is a waste of time." 

The only other person to speak in opposition was Hood County resident Dr. Harold Granek. 

Dr. Granek encouraged the Commissioners to vote against the ordinance, stating:

“If you want to do a resolution, showing a moral stance, I'm okay with that . . . But this is a medical decision and that bothers me a lot because it binds you. This gentleman talks about unborn babies; they are called fetuses. If you want to make a medical decision then y'all should go to medical school, do an internship, do a residency, and face life and death decisions.” 

Responding to Dr. Granek, Commissioner Nannette Samuelson stated, “You may consider it a waste of time to save a baby’s life. You might call it a fetus, but I’ve felt the baby move inside me, and you haven’t.”

Commissioner Dave Eagle then asked their attorney for his legal input on the proposed ordinance. Hood County Attorney Matthew Mills stated:

"It doesn’t create, as they said, a cause of action for the county or county officials, either criminal or civil. It purports to create a civil cause of action for private citizens in very narrow circumstances that are not covered by existing abortion laws . . . There are a couple of kind of generic provisions in the government code that seem to give local government the ability to extend state abortion laws . . . it has the support of a number of legislators, including the Speaker of the House, to kind of greenlight local governments to do it, so that would seem to indicate legislative intent for support.

I don’t know if the lawyer’s letter is binding. In other words, if we got sued, if we could really hold his feet to the fire to make him represent us, but he did say that he would represent us if we ever got sued -- but I can’t really see us getting sued, because we’re not the ones doing anything. Right? It would be a private cause of action, not a county action. So, I don’t know if it’s going to be truly enforceable if it were really pushed all the way in court, but I don’t see liability for the county, either. And, I do see some provisions in the government code that seem to be backed up by legislative intent that it would be okay to move forward on this. So, I don’t really have an objection, legally, to voting for it."

Commissioner Nannette Samuelson then called forward Kim Erwin from Brazos Pregnancy Center in Granbury, Texas, to provide her comments on the ordinance. Erwin stated, “We do have a law in place in Texas. This would close the loopholes . . . This would help us immensely.” 

Commissioner Dave Eagle then stated:

"I’ve received numerous emails — nasty — from people from all over this country. And I’ve replied, ‘Where do you live? Where is your residence?’ Austin, Houston, Missouri – I don’t work for you! I work for the people in Hood County. So, I just want that on the record.”

Commissioner Jack Wilson agreed with Commissioner Eagle, stating, “I probably got a good bunch of the same emails you got, too.”

Unanimous Passage:

Commissioner Nannette Samuelson then made a motion to adopt the ordinance outlawing abortion, declaring Hood County a Sanctuary County for the Unborn. The measure was seconded by Commissioner Dave Eagle.

Upon vote, County Judge Ron Massingill and Commissioners Kevin Andrews, Nannette Samuelson, Jack Wilson, and Dave Eagle all voted in favor of the measure, making the passage a unanimous 5-0 vote.