This article is part of a series on Texas sanctuary cities for the unborn. Read the rest, here.

Another city council of an East Texas town has voted to outlaw abortion within its city limits. The January 16th vote, at the Gary city hall, was unanimous. Gary, Texas became the 10th city in the nation to outlaw abortion. The ordinance responsible for the decision prevents abortions from being performed and also outlaws the sale and distribution of emergency contraception. While Gary—population 311—is the smallest city yet to have done this, it has spoken in a clear voice about the nature of its residents’ beliefs.

Leading the charge was Right to Life East Texas director Mark Lee Dickson, who gave a statement to CRIT-LARGE stating:

“The city council of Gary, Texas made a God-honoring decision tonight that unborn children would not be murdered in their city. If the abortion industry attempts to kill any unborn child in Gary, because of this ordinance, there will be consequences for any blood that is shed!”

The new ordinance states that, “abortion at all times and at all stages of pregnancy is declared to be an act of murder with malice aforethought.” Furthermore, it says that “organizations that perform abortions and assist others in obtaining abortions are declared to be criminal organizations.”

While some challenge the legality of the ordinance, Dickson assures, “The ordinance that was passed was 100% in line with the United States Constitution, the Texas Constitution, and all federal and state regulations and rulings.” Dickson went on to say, “What many do not understand is what Roe v. Wade and Planned Parenthood v. Casey actually say. People are living under the assumption that [those cases] say that abortion has to be allowed everywhere and that is just not true. Nothing, in either case, said that an abortion clinic or abortion services had to be allowed in every city in the United States. The city of Gary and every other city which has passed this ordinance is fully within their rights—the same rights which allow them to ban other things from their city; things like the sale of alcohol or the use of engine brakes on big trucks.”

Furthermore, Dickson argues, the ordinance lines up with the pre-Roe statutes, which have never been repealed: “Is it wrong for us to have laws in our city that mimic the laws that are on the books here in the State of Texas? If Texas has laws on the books that outlaw abortion, there is no reason why our cities cannot restate these laws within our own city’s laws.”

When the issue is examined further, we see that Texas statutes that criminalize abortion and impose criminal liability on anyone who aids and abets abortions were not repealed by Roe v. Wade. 2A Texas Penal Code article 1192, at 433 (1961) imposes criminal liability on anyone who “furnishes the means for procuring an abortion knowing the purpose intended.” Texas statutes like 1192 were not repealed by the Texas legislature in response to Roe v. Wade and therefore continue to exist as the law of Texas.

Even though the Sanctuary Cities for the Unborn ordinances do challenge Supreme Court decisions (like Roe v. Wade, Planned Parenthood v. Casey, and Whole Woman's Health v. Hellerstedt), the local government codes in cities like Gary make clear statements that promote their legality. Those codes state, “The municipality may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic.” These ordinances, as it is understood, are in no way, shape, or form inconsistent with state law. 

Coming Up

More cities are planning on addressing the Sanctuary City for the Unborn ordinance. The city of Abilene has the ordinance on their agenda for January 23rd, but it has been made clear that there will only be a discussion and no vote on the measure, yet. 

On January 28th, the city of Big Spring will have its second and final vote to outlaw abortion. If the ordinance is not struck down in the second reading, the law will go into effect. If this happens the city of Big Spring will become a “sanctuary city for the unborn,” just like Gary. 

For more information about the Sanctuary Cities for the Unborn Initiative visit www.sanctuarycitiesfortheunborn.com.

Continue to follow the Texas pro-life fight in our CRIT-LARGE series, Texas: Sanctuary for the Unborn.