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

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

Abortion and abortion trafficking have been outlawed in Lubbock County (pop. 317,561), with several protections being added to protect pregnant mothers and their unborn children. The ordinance was passed in a 3-0 vote by Commissioners Jason Corely, Jordan Rackler, and Terence Kovar. Two members of the Commissioners’ Court abstained – Commissioner Gilbert Flores and County Judge Curtis Parrish. The passage of the measure made Lubbock County the fourth county in Texas to outlaw abortion trafficking, following Mitchell, Goliad, and Cochran Counties, and the 73rd political subdivision to have outlawed abortion in the United States. 

The meeting took place on the fifth floor of the Lubbock County Courthouse. The County Commissioners’ Court was packed with those who were for and against the ordinance. The vast majority of those in attendance, however, appeared to be in favor of the measure. For every two abortion rights supporters wearing pink in support of Planned Parenthood, there were 15 “sanctuary county for the unborn” supporters wearing blue in support of life. 

Prior to the passage of the ordinance, both sides shared about why they were either for or against Lubbock County outlawing abortion and abortion trafficking. The majority of those who spoke were in favor of the measure. For every one abortion rights supporter speaking in opposition of the measure, there were five “sanctuary county for the unborn” supporters speaking in favor of the measure. While the majority of those who spoke were from within Lubbock County, some also drove as far away as East Texas and New Mexico to support the measure. 

The passage of the ordinance was not without resistance.

After Commissioner Corley made the motion for the Commissioners’ Court to adopt the measure and received an immediate second by Commissioner Rackler, Judge Parrish introduced a new motion to postpone voting on the ordinance until March 2024, after the elections. This motion, which was criticized by several members of the Court, was ultimately voted on after Judge Parrish claimed that he was the Parliamentarian and that it was his call. Judge Parrish’s motion to postpone voting on the measure failed, 2-3. After the motion to postpone failed, Judge Parrish returned to Commissioner Corley’s original motion, which passed 3-0 with Commissioner Flores and Judge Parrish choosing to abstain. The ordinance went into effect immediately. 

In addition to prohibiting elective abortions and the aiding or abetting of elective abortions within the unincorporated area of Lubbock County, the ordinance also prohibits the performing of elective abortion and the aiding or abetting of an elective abortion performed on a resident of the unincorporated area of Lubbock County “regardless of the location of the abortion, regardless of the law in the jurisdiction where the abortion occurred, and regardless of whether the person knew or should have known that the abortion was performed or induced on a resident of the unincorporated area of Lubbock County.”

The ordinance also prohibits abortion-inducing drugs within the unincorporated area of Lubbock County, prohibits the transport and disposal of aborted fetal remains from any abortion provider within the unincorporated area of Lubbock County, prohibits criminal organizations from operating within the unincorporated area of Lubbock County, and prohibits abortion trafficking by making it unlawful “for any person to knowingly transport any individual for the purpose of providing or obtaining an elective abortion, regardless of where the elective abortion will occur” as long as such activity “begins, ends, or passes through the unincorporated area of Lubbock County.”

This means that it is now illegal for anyone to use the sections of Interstate 27/Hwy 87, Hwy 84, Hwy 62/82, Hwy 114, and all sections of all other roads found in the unincorporated area of Lubbock County for the purpose of abortion trafficking. Because of this, those who live within Lubbock County are now prohibited from driving people out of Lubbock County who are seeking to obtain an elective abortion in another state – as such actions would be considered abortion trafficking. This also means that those who are transporting women from other parts of Texas, who are seeking to obtain an elective abortion in a state like New Mexico, cannot pass through Lubbock County – as those actions would also be considered abortion trafficking.

During the meeting, Judge Parrish stated that the ordinance would not prohibit someone driving to the Lubbock airport and flying to Albuquerque, New Mexico, for an abortion. This statement, however, is not true without clarification. The ordinance clearly states, “It shall be unlawful for any person to knowingly transport any individual for the purpose of providing or obtaining an elective abortion, regardless of where the abortion will occur . . . only if the transportation of such individual begins, ends, or passes through the unincorporated area of Lubbock County.” 

Like the City of Lubbock’s Sanctuary City for the Unborn Ordinance and the Texas Heartbeat Act, the Lubbock County Ordinance is only enforced through a private enforcement mechanism — allowing lawsuits to be filed by citizens against anyone who is in violation of the ordinance. The Lubbock County Ordinance does not allow for any lawsuit to be filed against the mother of the unborn child, but only allows for actions to be taken against those who are assisting her in the killing of her child — when they cross the unincorporated area of Lubbock County.

Prior to the vote, the Lubbock County Commissioners’ Court received two separate letters from senators and representatives from Texas and New Mexico – both encouraging the Commissioners’ Court to pass the ordinance prohibiting abortion trafficking. 

Of Lubbock County’s nine incorporated cities, four of them have passed ordinances outlawing abortion. The Cities of Lubbock (264,000) and Abernathy (pop. 2,839) passed their ordinances in May 2021, Slaton (pop. 6,235) passed its ordinance in December 2021, and Shallowater (pop. 2,613) passed its ordinance in March 2022.

The Sanctuary Cities for the Unborn initiative has seen a total of 67 cities and six counties pass ordinances in seven different states — all prohibiting abortion within their jurisdiction. More cities and counties across Texas are expected to consider similar ordinances in the weeks to come.