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Seminole, TX
Photo: City Council of Seminole, Texas (Mark Lee Dickson)

Texas: City Council of Seminole rejects outlawing abortion trafficking

Icon of a paper and pencilGuest Column·By Mark Lee Dickson

Texas: City Council of Seminole rejects outlawing abortion trafficking

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

On Monday, August 10, the City Council of Seminole, Texas (pop. 7,952) – located on the Texas-New Mexico border – considered a Sanctuary City for the Unborn (SCFTU) ordinance outlawing abortion trafficking. The ordinance — the result of a successful citizen-initiative petition containing 1,500+ signatures of Seminole residents — was unanimously rejected by the Seminole City Council. 

Had the proposed Ordinance been approved by the Seminole City Council, the law would have put into place some of the strongest levels of protection for pregnant mothers and their unborn children – closing several loopholes in Texas’ abortion laws.

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The ordinance would have been enforced the same way as the Texas Heartbeat Act, not by law enforcement, but by giving private citizens the ability to file a lawsuit against any individual or organization in violation of the ordinance.

Seminole Residents Speak Out:

Almost everyone at the packed city council meeting was in favor of the ordinance, which is supported by some of Texas' and New Mexico's strongest pro-life legislators, and is backed by the pro-life planks of the Republican Party of Texas 2026 Party Platform.

Out of the 13 people who spoke during the public comment portion of the meeting, 11 spoke in favor of the Ordinance, and two spoke against it. Of those 13, four were residents of Seminole – two speaking in favor and two speaking against.

Speaking in Favor

Of the two residents speaking in favor of the measure, Barbara Broseker shared:

“After all of these people, Mayor and Council, I'm here just to say we need to protect the unborn.... I'm a substitute teacher, 78 years old, but God gives me the grace. And God puts those little babies in that womb, no matter how they come about.

Life still comes from God, and we have no right to take that life. I'm here to support that. Whatever way we can to protect them, we need to do it. I'm praying concerning that, and so are our supporters here.”

Seminole TX
Photo: Seminole resident and First Assembly Pastor Joe Lapusan speaks in favor of  the passage of the SCFTU Ordinance outlawing abortion. (Mark Lee Dickson)

The other resident who spoke in favorwas Seminole First Assembly of God Pastor Joe Lapusan, who shared:

“Many of the city officials you've heard from have agreed that it was needed to fill loopholes. Many of you heard the loopholes, as the Texas state abortion ban does not automatically address conduct outside of the state.”

Pastor Lapusan went on to cover what the Ordinance solves for Seminole that existing Texas law does not already address, such as trafficking of minors across state lines for abortion, and aborted fetal remains that are picked up at out-of-state abortion facilities and transported into Texas for disposal in landfills.

Speaking Against

One of the two residents speaking in opposition to the measure was local attorney Bonnie Ericson. After several speakers had testified, Ericson shared:

“Lots of sad stories, but let me tell you what this ordinance does not do. It does not protect the unborn. Don't be misled. Senate Bill 8 [The Texas Heartbeat Act] is the law. This isn't the law. This ordinance will not be the law. Your law enforcement does not have the power to do a darn thing under this ordinance, and neither do you… It doesn't carry a fine. What happens?

An individual citizen can sue any other individual citizen, and if they win, the person that was sued has to pay attorney's fees and court costs, plus a $10,000 fine. If they lose, if the person who brought the lawsuit loses, the person who has been sued does not have the right to attorney's fees.

What does Senate Bill 8 do? Senate Bill 8 made a felony lawsuit; a felony case can be brought against those people that have performed abortions. Good or bad, it's there.”

Despite being an attorney, Ericson was wrong on several fronts relating to both the state law and the proposed ordinance — which, if passed, would be a local law.

The Texas Heartbeat Act did not make performing an abortion or aiding or abetting an abortion a criminal offense, allow for felony charges, or allow for a felony lawsuit. The Texas Heartbeat Act, like the proposed Seminole SCFTU ordinance, is enforced solely by private civil lawsuits, and both the Texas Heartbeat Act and the proposed Seminole SCFTU Ordinance allow for “statutory damages in an amount of not less than $10,000” for committing or aiding and abetting elective abortions in violation of the laws.

The 13th and final to speak during public comment was Angela Pustejovsky-Carter – the only other speaker who spoke against the measure.

Carter serves as an At-Large Board Member on the Seminole Hospital District Board of Directors. At a previous meeting, Carter expressed concern that the anti-abortion ordinance would make it harder to recruit qualified healthcare workers and questioned whether the citizens of Seminole truly understood what they were signing.

Carter asked the council to vote no and to let the voters decide in November. Carter shared:

“Voting no on adopting this ordinance is not the same as being against pro-life. It is simply a decision to allow every registered voter in Seminole the opportunity to make an informed decision after understanding the entire ordinance.

I believe someone can be strongly pro-life and still conclude that this particular municipal ordinance is not necessary for Seminole. Texas already has some of the strictest abortion laws in the country, and elective abortions are already broadly prohibited under state law. That brings me back to one simple question for all of you.

What problem does this ordinance solve for Seminole that existing Texas law does not already address?”

Since the beginning of the citizen initiative, Seminole SCFTU Guidesheets and One-Pagers describing the ordinance have been circulated throughout the community.

Seminole TX
Photo: Seminole resident and Hospital District Board Member Angela Pustejovsky-Carter speaks against the passage of the SCFTU Ordinance. (Mark Lee Dickson)

The Council Votes:

After a five-minute presentation from Right To Life Across Texas, Councilman Lloyd Glass made a motion to “not approve” the ordinance. Councilman Landon Sims followed, seconding the motion.

Before the vote, Councilman Joe Stewart asked to comment. Councilman Stewart, who serves as Pastor of First Baptist Church of Seminole, shared that the ordinance had put him in a “unique position” as a pastor. Councilman Stewart said he found the meeting participants' “passion for protecting the most vulnerable among us” inspiring.

Councilman Stewart stated that he had marched in the March For Life in Washington, D.C. and had participated in pro-life activities, including working with CASA. He shared:

“I just want to say from the very bottom of my heart that I am pro-life to the core, from the womb to the tomb, and I don't see how . . . casting a vote that doesn't see how this ordinance is effective in doing things, necessarily, would categorize you as somebody who's not pro-life.”

Councilman Stewart concluded:

“The fundamental question before me is whether this specific ordinance is necessary, prudent, and the most effective way to accomplish our shared goal… My primary concern with the ordinance is it relies on private citizens suing private citizens, and that mechanism is essentially unprecedented. It's never been used. It's highly difficult to enforce.

We have the staunch pro-life laws with the Texas Heartbeat Acts and the Texas trigger laws, which prohibit elective abortion and provide robust legal protections for the unborn across our state... When it comes to supporting mothers and unborn babies, I believe our calling is to build actionable, compassionate support networks right here in Seminole.”

Mayor Chet Clark thanked Councilman Stewart and called for a vote “to not approve” the ordinance. The vote to reject the ordinance further prohibiting abortion was unanimous.

Seminole TX
Photo: Councilman Joe Stewart, who also serves as Pastor of First Baptist Church of Seminole,  speaks against the SCFTU Ordinance. (Mark Lee Dickson)

A Proclamation and the Calling of an Election:

Mayor Clark immediately went to the next agenda item – a “Proclamation of the Mayor and City Council regarding the Certified Initiative Petition, the Texas Heartbeat Act, and the City Council’s Findings and Conclusions.” 

The proclamation, read by Councilman Sims, recognized the legitimacy of the 1,551 signatures collected as part of the citizen initiative petition, expressed support for the Texas Heartbeat Act, and stated the council's beliefs about the ordinance. The proclamation passed unanimously. Following the passage of the proclamation, an election was called for November 3, 2026, for the citizens of Seminole to consider the proposed Seminole SCFTU ordinance. The vote to call the election was also unanimous.

In his closing statement, Mayor Clark shared:

“As Mayor of Seminole, I believe everyone has the right to life. Texas has a law against abortion, and the City of Seminole is already advised by that law – The Texas Heartbeat Act, passed in September 2021.

As Mayor of Seminole, I wholeheartedly support Texas and federal law. This proposed ordinance raises constitutional questions because it contains certain provisions addressing transportation associated with interstate travel. This ordinance is not enforceable by law enforcement. What it will do is allow neighbor to sue neighbor in civil court if they find out you traveled across state lines for an abortion.

I believe it's up to the voters in November.”

Mayor Clark erred in saying that the proposed Seminole Ordinance allows “neighbor to sue neighbor in civil court, if they find out you traveled across the state lines for an abortion.”

The proposed Seminole SCFTU Ordinance is clear that a civil action “may not be brought: against the woman upon whom the abortion was performed or induced or attempted to be performed or induced in violation of this ordinance, or against a pregnant woman who intends or seeks to abort her unborn child in violation of this ordinance" (emphasis added).

Seminole TX
Photo: Mayor Chet Clark speaks against the Seminole SCFTU Ordinance. (Mark Lee Dickson)

The Aftermath:

Former Seminole ISD employee and Gaines County resident Amanda Byers, who was in attendance for the council meeting, took issue with Mayor Clark’s closing statement. Byers said, 

"Mayor Clark does not appear to understand the Texas Heartbeat Act or the proposed SCFTU Ordinance – as both would allow for neighbors to sue their neighbors in civil court IF their neighbor was found violating the law.”

She continued, “You can’t claim to support the Texas Heartbeat Act while opposing the SCFTU Ordinance solely because it includes private enforcement. If you support one, but reject the other for the very same enforcement mechanism, that’s a contradiction. It simply doesn’t add up.”

After the meeting, Councilman Stewart appeared to recognize the contradiction of being against the proposed SCFTU ordinance because of the private enforcement mechanism, and for the Texas Heartbeat Act, which uses the same private enforcement mechanism. He responded that Texas should change the law. The day after the meeting, he was praised by a member of the governing board of Planned Parenthood of Greater Texas. 

Councilman Stewart’s comments did not sit well with many. Pastor Taylor Wood of First Baptist Church O'Donnell, who was in attendance at the meeting, shared:

"I am disappointed in the results, but even more disappointed that the pastor of the First Baptist Church seemingly led the charge to reject this ordinance. As Baptists, protecting the unborn is a sacred duty, and the cowardice on display was appalling.

Still, God is sovereign, and I am confident that in the end Seminole will establish justice for Texas babies and mothers, even if its city council will not."

Pastor David Rhoades of Broadview Baptist Church in Lubbock, who was also present for the meeting, agreed with Pastor Wood: "Why should the other members of the council take a stand for life if the one pastor on the council doesn't?”

A total of 98 cities and 24 counties across 7 states have passed local ordinances further outlawing abortion in their community – 81 of those cities and 22 of those counties have passed such ordinances in the State of Texas. On November 3, 2026, the registered voters of the City of Seminole will determine if their city will be added to that number. 

A recording of the Seminole City Council’s consideration of the ordinance can be viewed here.

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