Disclaimer: Opinions expressed in this guest post are solely those of the guest author.
On the morning of Wednesday, July 30, the Commissioners’ Court of Shelby County, Texas, passed an ordinance outlawing abortion and abortion trafficking within the unincorporated area of Shelby County. The measure was introduced by Judge Allison Harbison, who called former Joaquin Councilman Mike Cummings Jr. to the stand to address the commissioners about the proposed measure.
Cummings had led the charge in seeing the City of Joaquin become the fourth city in the nation to pass an ordinance outlawing abortion on September 17, 2019. After Cummings shared about his experience, he was followed by a thorough presentation from the co-author of the Shelby County Sanctuary County for the Unborn Ordinance. When asked by County Commissioner Stevie Smith if he was comfortable with the Commissioners moving forward with adopting the measure, Shelby County Attorney John Price gave his blessing based on the content of the presentation and the documents which had been presented to the Commissioners’ Court.
Not a single person present spoke in opposition to the proposed measure.
During the discussion, Center resident Clint Porterfield shared, “Our nation has come a long way since September 14, 1879. This was the birth date of Margaret Sanger.” Porterfield continued, “Margaret Sanger is regarded as the founder and leader of the Birth Control Movement. I feel it is of upmost importance that everyone research Ms. Sanger and understand her true thoughts and motives for this activism. Your findings may help in understanding the true meaning of the Pro-Abortion Movement.”
After close to an hour of discussion, Judge Allison Harbison asked if there was a motion to be made. Commissioner Tom Bellmyer made a motion to adopt the ordinance. The motion was seconded by Commissioner Stevie Smith. The measure passed in a unanimous 4-0 vote by County Commissioners Roscoe McSwain, Shannon Metcalf, Stevie Smith, and Tom Bellmyer.
The passage made Shelby County (pop. 24,179) the ninth 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), and Camp counties — and the 87th political subdivision to outlaw abortion in the United States.
After the vote, Cummings, who now lives in Tenaha, shared, “July 30, 2025 will go down in history as the day Shelby County, Texas’ elected officials stood for life. We can all say we are conservative and pro-life, but it is time we show the world where we stand publicly.”
While some have questioned the authority of counties and cities to pass ordinances outlawing abortion, the Texas Legislature has been clear on the issue. During the 86th Legislative Session, the State of Texas prohibited any political subdivision in the State of Texas from using taxpayer dollars to fund any abortion provider or any affiliate of an abortion provider. In the prohibition the State Legislature made clear that the law may not be construed to restrict a municipality or county from prohibiting abortion.
Texas Government Code § 2273.005 states, “This chapter may not be construed to restrict a municipality or county from prohibiting abortion.”
During the 87th Legislative Session, the State of Texas explicitly allowed municipalities and counties to outlaw and prohibit abortion, and to establish penalties and remedies against those who perform or enable unlawful abortions. Texas Government Code § 311.036(b) states:
A statute may not be construed to restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state unless the statute explicitly states that political subdivisions are prohibited from regulating or prohibiting abortion in the manner described by the statute.
While the Texas AG’s Office has stated that cities could always do this, the passage of this provision in the Texas Heartbeat Act explicitly stated as law that political subdivisions (which includes cities and counties) could not be restricted from exercising this authority.
Shelby County Judge Allison Harbison and County Commissioners Roscoe McSwain, Shannon Metcalf, Stevie Smith, and Tom Bellmyer take a picture with Sanctuary Cities for the Unborn Initiative founder Mark Lee Dickson after the historic vote. (Photo: Mark Lee Dickson)
In addition to prohibiting elective abortions and the aiding or abetting of elective abortions within the unincorporated area of Shelby County, the ordinance also prohibits the performing of an elective abortion and the aiding or abetting of an elective abortion on a resident of the unincorporated area of Shelby 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 Shelby County.”
The ordinance also prohibits abortion-inducing drugs within the unincorporated area of Shelby County, prohibits Texas waste management companies from transporting and disposing of aborted fetal remains from any out-of-state abortion provider within the unincorporated area of Shelby County, prohibits criminal abortion organizations from operating within the unincorporated area of Shelby 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 Shelby County.”
The ordinance makes it illegal to use the sections of U.S. 59, U.S. Highway 84, U.S. Highway 96, State Highway 7, State Highway 87, State Highway 147, State Highway 11, and all sections of all other roads found in the unincorporated area of Shelby County for the purpose of abortion trafficking. The ordinance will also cover Interstate 69 and Interstate 369 which are currently being constructed. Interstate 69 will connect Tenaha, Texas to the Louisiana state line and Interstate 369 will follow U.S. Highway 59 north to Interstate 30 and Interstate 49 in Texarkana, Texas.
The ordinance also educates about the Thriving Texas Families Program and directs people to the Texas Pregnancy Care Network website and The Pregnancy Network website operated by Human Coalition for resources available to women experiencing unexpected pregnancies.
Shelby County’s Ordinance is enforced through the same private right of action found in the Texas Heartbeat Act and 67 other local ordinances throughout the State of Texas, which allows private citizens to file a lawsuit against those found in violation of the ordinance. It does not allow for a lawsuit against the mother of the unborn child, but only against those assisting in the killing of her child when they cross the unincorporated area of Shelby County.
Two incorporated cities in Shelby County have passed local pro-life ordinances outlawing abortion: Joaquin (pop. 850) and Tenaha (pop. 1,160). The three incorporated cities of Shelby County that are not covered by the county ordinance and have not passed a pro-life ordinance outlawing abortion within the incorporated area of their city are: Center (pop. 5,401), Timpson (pop. 1,116), and Huxley (pop. 385). Each one of these cities could pass the ordinance at a future date to make sure that their city is covered with the same protections provided by the county ordinance.
The effort to see Texas political subdivisions outlaw abortion trafficking is supported by lawmakers across Texas. The Sanctuary Cities for the Unborn initiative has now seen a total of 11 counties and 76 cities across 7 different states — all seeking to do as much as possible to prohibit abortion within their jurisdictions.
Those who wish to see their county or city go as far as they can to prohibit abortion within their jurisdiction are encouraged to sign the online petition on the Sanctuary Cities for the Unborn website.
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