Disclaimer: Opinions expressed in this guest post are solely those of the guest author.
On Monday, April 28, 2025, the city of Avinger (pop. 371), Texas, became the 74th city in the nation to pass an ordinance outlawing abortion and declaring itself a Sanctuary City for the Unborn (SCFTU). The ordinance was passed in a 3-1 vote with Alderwoman Kelli Spencer, Alderman Adam Young, and Alderman Marvin Parvino voting in support and Alderwoman Lois Montgomery voting against. Alderwoman Margaret Ford was absent from the council meeting. The vote also made the City of Avinger the 57th city in the State of Texas, and the first city in Cass County, to pass a SCFTU ordinance.
While some during the meeting raised questions regarding the idea of a woman’s “right to an abortion,” Finding #7 of the Avinger SCFTU Ordinance addresses the issue with absolute clarity, stating:
The Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, No. 19-1392, correctly overruled the Court’s lawless and unconstitutional pronouncements in Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), which had invented and perpetuated a supposed constitutional right to abortion that cannot be found anywhere in the language of the Constitution.
Finding #8 continues, “The ruling in Dobbs restores the prerogatives of state and local governments to regulate and prohibit abortion as they see fit.”
Avinger City Council (Photo: Mark Lee Dickson)
The effort to pass Sanctuary for the Unborn ordinances in cities and counties throughout Texas has received much support from elected officials across the State of Texas. In August 2023, Senator Bryan Hughes, who represents the City of Avinger, signed a letter with several Senators and Representatives in full support of the measures. The letter read:
While it is true that abortion is outlawed in the entire State of Texas, from the point of conception, our work is far from over. 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. As a result, these women are being abused and traumatized by abortion across our Texas-New Mexico border and sent back to Texas for our cities and counties to deal with the aftermath taking place in our homes, our schools, our churches, and our hospitals.
The Sanctuary for the Unborn ordinances seek to protect these institutions by putting safeguards in place to protect men, women, and their children for years to come. These ordinances, which seek to close as many loopholes as possible, do not penalize women who seek or undergo abortions, but places the penalty on the party who most deserves it — the abortionist and the industry profiting from the unjust procedure, including abortion traffickers.
While we intend to do our part to keep our strong pro-life protections for mothers and their unborn children, we believe it will help for cities and counties to do their part as well. As state elected officials who are trusted by Pro-Life Texans to stand for life at every available opportunity, we believe this is a viable and crucial opportunity for local governments to protect their most vulnerable members. We look forward to partnering with you as we seek to defend innocent human life at every level of government.
Avinger resident and former State Representative David Simpson shared, “Avinger is blessed to join cities and counties across Texas who are going as far as they can to address the tragedy of abortion, specifically abortion trafficking and the mailing of abortion-inducing drugs.” Simpson also expressed gratitude for Mayor Jeff Patterson bringing the ordinance to the council for its passage, concluding, “God will honor this measure to protect the innocent unborn.”
Avinger resident and former State Representative David Simpson addresses the Avinger City Council (Photo: Mark Lee Dickson)
The Avinger SCFTU Ordinance (1) prohibits performing an elective abortion and aiding or abetting elective abortions within the city limits of Avinger, (2) prohibits elective abortions on residents of Avinger – regardless of where the abortion takes place, (3) prohibits abortion trafficking through the City of Avinger, (4) prohibits the mailing of abortion-inducing drugs into the City of Avinger, (5) prohibits criminal organizations from doing business inside the city limits of Avinger, and (6) prohibits through or in the City of Avinger the transportation and disposal of the remains of unborn children who have been killed by an elective abortion across state lines and carried into Texas by waste management companies. The ordinance also educates about the Thriving Texas Families Program and directs people to the Texas Pregnancy Care Network website to be connected to these services.
The Avinger SCFTU Ordinance is not enforced by law enforcement or local fines, but through a private right of action – which is the same way the Texas Heartbeat Act is enforced. The ordinance reads, “Any person, other than the city of Avinger, and any officer or employee of the city, has standing to bring and may bring a civil action against any person or entity that: violates any provision” of this ordinance. The ordinance is also 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.”
Lindale resident Janna Moore, Avinger Alderwoman Kelli Spencer, Right to Life Across Texas Director Mark Lee Dickson, Lindale resident Norma Dutton, and Avinger residents Susan and David Simpson take a picture together after the historic victory. (Photo via Mark Lee Dickson)
Avinger resident and conservative activist Kori Peterson shared:
Avinger has taken a stand and joined the Texas trend of honoring unborn life and protecting women. More work is needed at every level of government and certainly in the hearts of the people and in our culture. One heart at a time. One city at a time. One county at a time. One policy at a time. Avinger has aligned its pro-life efforts with those of the Texas Legislature. Well done!
Avinger is the fourth city and the fifth political subdivision to pass a Sanctuary for the Unborn Ordinance during the month of April. The vote follows the cities of Mullin (pop. 196), Moran (pop.285), Lueders (pop. 346), and Shackelford County (pop. 3,105). Citizens who are interested in seeing their city or county pass an ordinance further outlawing abortion within their city limits are encouraged to sign the online petition.
