City of Wilson Votes Against Outlawing Abortion Within City Limits
In a 3-1 vote on the night of Monday, November 9th, 2020 the City Council of Wilson, Texas chose not to pass an ordinance outlawing abortion within their city limits. Councilwoman Pat Cates was the only council member who voted in favor of the ordinance.
The action item had previously been on the City of Wilson’s October 12th, 2020 City Council agenda as Action Item IX, which read, “Consider and Act Upon An Ordinance to Declare The City Of Wilson as a Sanctuary City for the Unborn.” Due to two council members being out at the meeting the City Council unanimously chose to table voting on the ordinance until the next council meeting.
Later that night, the City Council of Morton (located 55 miles west of Lubbock and 80 miles northwest of Wilson) unanimously voted to pass the enforceable ordinance. In taking this action the City of Morton became the 16th city in Texas and the nation to pass the ordinance outlawing abortion within their city limits.
Hopes were high for the City of Wilson to become the 17th city to pass the enforceable ordinance despite what Right to Life of East Texas Director Mark Lee Dickson, who is also the founder of the Sanctuary Cities for the Unborn Initiative, described as “liberal opposition to the ordinance.”
In an exclusive interview with CRIT-LARGE Dickson stated, “Since the October 12th council meeting I have had many interactions online with City of Wilson Councilmember David Maldonado. Those interactions have been quite telling.”
On an October 14th Facebook post, just two days after the City of Wilson tabled the ordinance, Councilman David Maldonado shared some thoughts concerning the confirmation hearing of Amy Coney Barett to serve on the Supreme Court.
Maldonado wrote, “I’ve come to realize one major issue with our current elected and appointed officials/judges. Elected and appointed officials/judges have forgotten that their chosen faith has nothing to do with law/ordinances. They should always choose and act on a subject irrespective of their faith. As their faith is but a small fraction of other faiths that also have freedom of religion in the United States. We are after all a religious freedom country.”
Dickson responded to Maldonado’s post stating, “Elected official’s oath of office is first and foremost before God. We need more elected officials whose faith impacts their decisions. The signers of the Declaration of Independence knew this. ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.’”
Dickson continued, “We cannot separate God from our lives no matter where we are. He is far too important of a figure not to pay attention to as His laws are superior to all of our laws and his authority greater than any authority on this earth. That is what I find so convicting about God’s Word. I cannot ignore Amos 5:15. What we do on earth and God’s blessing or judgment are directly related.”
Amos 5:15, the verse Dickson referenced, states, “Hate evil, and love good, and establish justice in the gate; it may be that the LORD, the God of hosts, will be gracious to the remnant of Joseph.”
Later the same day Councilman David Maldonado responded to a Facebook post made by KLBK News. The post by KLBK was about a response from the City of Lubbock to a request which had been made by Senator Charles Perry, Representative Dustin Burrows, and Representative John Frullo which asked the Mayor and City Council of Lubbock to pass an ordinance that they had given to them which would outlaw abortion within the city limits of Lubbock, Texas. The post read, “City Hall Responds: Proposed Sanctuary for the Unborn: ‘The Proposed Ordinance, if enacted, would be void because it is contrary to Texas Law.’”
In this post Lubbock resident Andrea Lucio wrote, “How is it contrary to Texas Law if Morton, New Home and many others became a Sanctuary City?”
Maldonado responded to Lucio, “They simply voted on it without research. I’m no lawyer and came to these same findings over the weekend after doing research.”
Dickson responded to Maldonado’s criticism of other cities stating, “Morton spent 8 months researching this, Maldonado. Get the facts right. Morton Councilman Buckie Dobson would be glad to set you straight on this issue. Also, Olson & Olson, the law firm Lubbock hired has family ties to Planned Parenthood. Them being against it is not surprising.”
When another Lubbock resident commented that 16 cities had outlawed abortion, Maldonado responded, “Because they did so without following government code or proper legal code. I’m no lawyer and came to the same conclusions the law firms did after doing some research. Cities cannot outlaw what is legal by the state.”
Lubbock resident Dorothy Boyett responded to David Maldonado stating, “Actually the Texas law against abortion is still on the books. It has not been repealed.”
Boyett was not wrong. The Texas law against abortion is still on the books and the ordinance which presented to Lubbock, as well as Wilson, are clear and well documented in their argumentation on this point. Under the section entitled “Findings” the proposed Wilson Ordinance states, “The State of Texas has never repealed its pre–Roe v. Wade statutes that outlaw and criminalize abortion unless the mother’s life is in danger.” Later on, the Ordinance goes on to state, “The Texas murder statute defines the crime of ‘murder’ to include any act that ‘intentionally or knowingly causes the death’ of ‘an unborn child at every stage of gestation from fertilization until birth’ . . . Although the statute exempts “lawful medical procedures” from the definition of murder . . . an abortion is not a ‘lawful medical procedure’ under Texas law unless the life of the mother is in danger.”
While some may object based on the Supreme Court’s ruling in Roe v. Wade (1973), the ordinance addresses this clearly.
The Wilson Ordinance argues, “After the Supreme Court announced its judgment in Roe v. Wade . . . the Texas legislature recodified and transferred its criminal prohibitions on abortion laws to articles 4512.1 through 4512.6 of the Revised Civil Statutes . . . The law of Texas therefore continues to define abortion as a criminal offense except when necessary to save the life of the mother.”
The Wilson Ordinance goes on to argue, “The Supreme Court’s judgment in Roe v. Wade did not cancel or formally revoke the Texas statutes that outlaw and criminalize abortion, and the judiciary has no power to erase a statute that it believes to be unconstitutional.”
Defending this point the ordinance references Pidgeon v. Turner (2017) which states, “When a court declares a law unconstitutional, the law remains in place unless and until the body that enacted it repeals it” and Texas v. United States (2019) which states, “The federal courts have no authority to erase a duly enacted law from the statute books, [but can only] decline to enforce a statute in a particular case or controversy.”
One of the most telling statements from Councilman Maldonado, according to Dickson, was a Facebook post Maldonado made on November 2nd, 2020, just a week before the Wilson City Council vote.
Councilman David Maldonado wrote,
“Abortion . . . a local, state, and national headline that is seemingly summed up by images of ACB swearing-in or a blazer and a backwards hat. One side’s solution, push their religious views on to the general population, by forcing vote on outlawing abortion, an ordinance that goes against Texas law. This ordinance “creates” a Sanctuary for the Unborn but, it leaves everything else high and dry. No sanctuary for orphans, for neglected children, for beaten children. No improvements to the fostering system or simplification of the adoption system.
Maybe if your religion / faith says abortion is wrong and a sin, you should be teaching that, preaching that, enforcing that under the theocracy of the church. Teaching young adults about the sexual reproductive system, the outcome of sex, and if your faith allows it instruction on contraception, safe sex.
We look at groups out there and as soon as we find out they are associated with abortion we blacklist them. Nevermind the other services, capabilities that they bring to a city region, just blacklist them. The best way to end abortion is to ensure easy access to women’s and sexual healthcare. Instead of tabooing sex, we need to be talking about it, teaching about, and ensuring access to women’s and sexual healthcare. After all outlawing something, without addressing the source, simply will move it behind the curtains.”
Dickson shared with CRIT-LARGE, “We knew the council vote in Wilson was going to be met with at least some opposition. We knew this based on comments which we had seen online from Maldonado and his wife. We understood these comments to be a clear supporting of and defending of Planned Parenthood and the act of abortion. Despite seeing these things, we still thought the City of Wilson would vote to accept the ordinance based on the conservative nature of the community.”
According to Dickson during the 2020 General Election, 80.78% of registered voters in Lynn County voted for President Donald J. Trump. Texas Senator Charles Perry and Texas Representative Dustin Burrows, who had led the charge in encouraging the City of Lubbock to pass the ordinance, received overwhelming support in Lynn County. Running unopposed Senator Perry received 100% of the vote and Representative Burrows received 82.53% in Lynn County.
Dickson also argued that the people of Lynn County, where Wilson is located, already voiced their position on abortion. “Two years ago, during the 2018 Republican Party Primary, Lynn County voters had the opportunity to vote on proposition #7. This proposition gave voters the chance to voice their opinion if they were "In Favor" or "Against" the following statement: "I believe abortion should be abolished in Texas." In Lynn County, out of 957 votes, 672 voted in favor of the idea of abolishing abortion in the state of Texas, and 285 voted against the idea of abolishing abortion in the state of Texas.”
When the action item was listed on their November 9th, 2020 City Council agenda it was Action Item VI which read, “Consider and Act Upon An Ordinance to Declare The City Of Wilson as a Sanctuary City for the Unborn.”
At the meeting, City Councilman Mike Cummings from Joaquin, Texas, which is the fourth city to pass the Sanctuary Cities for the Unborn ordinance, spoke before the Wilson City Council. Cummings shared that their city had been sued by the ACLU, but that they survived. “The ACLU withdrew their lawsuit and abortion is still outlawed in our city. Passing this ordinance did not cost the city or taxpayers anything,” shared Cummings.
Next to share was Pastor LJ Wright from New Home, Texas, which was the 15th city to pass the enforceable ordinance. Pastor LJ Wright encouraged the City of Wilson’s leaders to stand on their faith and do what was right by passing the ordinance outlawing abortion within their city limits.
Dickson was the final speaker on the ordinance, emphasizing the ordinance’s importance and how this initiative was what many within the City of Wilson wanted for their community. Dickson pointed out that the ordinance was supported by their state lawmakers which had just won overwhelming support in the election and that the ordinance even fell in line with the Republican Party of Texas 2020 Platform Plank which encourages cities in their efforts to pass enforceable ordinances which prohibit abortion within their city limits.
Councilman David Maldonado led the charge against the ordinance arguing that the ordinance went against state law and that the City of Wilson was not allowed to pass an ordinance which was inconsistent with state law.
Dickson responded by quoting Local Government Code 51.012 and arguing that nothing in the proposed Wilson Ordinance was inconsistent with state law. Speaking of general law cities Local Government Code 51.012 states, “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.”
Maldonado also criticized Senator Charles Perry, Representative Dustin Burrows for their involvement in pushing the ordinance. After criticizing Perry and Burrows, Maldonado went on to criticize Senator Donna Campbell, the author of Senate Bill 22, for a statement she made about Representative Jonathan Stickland’s amendment which was added to her bill. The accusation was that Senator Campbell had said one thing at the time of the amendment’s passing and then said the complete opposite when she signed onto a letter supporting the effort later on.
Dickson responded to Maldonado’s criticism by referencing a statement made by State Representative Jonathan Stickland who, commenting on the growing movement of cities outlawing abortion, had said, “My (wonderful) staff came up with an idea to offer an amendment to an obscure bill. It reaffirmed that cities could ban abortion, something that none of them had ever tried." Dickson’s point was that Senate Bill 22 only reaffirmed what cities could always do, but no city had done until the City of Waskom became the first on June 11th, 2019.
Unfortunately, Councilman Fred Hendricks joined in support of Maldonado’s conclusions and argued against the ordinance. Throughout the ongoing discussion, Maldonado appeared to lean heavily on an opinion discouraging the ordinance from attorney W. Calloway Huffaker of Huffaker & Harris LLP, a law firm which describes itself as "A Progressive West Texas Law Firm."
With Maldonado and Hendricks vocally opposed to the ordinance, all it needed to be voted down was one more vote against the ordinance and that came from Councilwoman Helen Stephenson. At the time of the vote, Councilwoman Pat Cates was the only council member who voted in favor of the ordinance outlawing abortion within the city limits of Wilson, Texas.
Despite the discouraging vote, Dickson said that he believed the Lord would use the situation for the good of everyone. “There are many citizens in the City of Wilson who had signed the petition wanting to see abortion outlawed in their city. Each resident had a different reason, but every reason was just as powerful as the last.” Dickson continued, “This is why it is important for residents to know who they vote into office and to be involved in attending their city council meetings. Every citizen has a chance to be a part of these meetings and voice their agreement or disagreement at their City Hall. Every citizen has the opportunity to be a voice for the voiceless. Every citizen has an opportunity to be a voice for life!”
For more information about the Sanctuary Cities for the Unborn Initiative be sure to visit www.sanctuarycitiesfortheunborn.com.
Decker W. Reno is an active voice in Texas and United States politics. Decker is a graduate of Texas Tech University in Lubbock, Texas and is known by many as the former State Chairman of the Texas Federation of College Republicans, a grassroots organization which promotes conservative politics and candidates.
