Lubbock, Texas, Proposition A, Abortion Ban Within City Limits Initiative (May 2021)
| Lubbock Proposition A | |
|---|---|
 | |
| Election date May 1, 2021 | |
| Topic Local abortion | |
Status Approved | |
| Type Initiative | Origin Citizens |
Lubbock Proposition A was on the ballot as an initiative in Lubbock on May 1, 2021. It was approved.
A "yes" vote supported amending city ordinances to outlaw abortion within city limits and declaring Lubbock a Sanctuary City for the Unborn. |
A "no" vote opposed amending city ordinances to outlaw abortion within city limits and declaring Lubbock a Sanctuary City for the Unborn. |
A simple majority was required for the approval of the Proposition.
Aftermath
The American Civil Liberties Union (ACLU) of Texas and Planned Parenthood of Greater Texas filed a lawsuit in district court on May 17 arguing that Proposition A is unconstitutional.[1]
On June 2, Judge James Wesley Hendrix dismissed the case, saying that the plaintiffs lacked standing. The ruling said that, since Proposition A depended for enforcement on private civil action lawsuits, the federal district court did not have jurisdiction over the case since it could not prohibit private entities from filing lawsuits in state court. Hendrix said, "Because the ability to remedy a plaintiff’s injury through a favorable decision is a prerequisite to a plaintiff’s standing to sue — an ability absent here — the Court dismisses the case for lack of jurisdiction.”[2]
On January 20, 2022, Planned Parenthood of Greater Texas filed to drop the lawsuit against the city.[3]
Election results
|
Lubbock Proposition A |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
21,427 | 62.47% | ||
| No | 12,874 | 37.53% | ||
Text of measure
Ballot title
The ballot title for Proposition A was as follows:
| “ | The code of ordinances of the City of Lubbock shall be amended by enacting an ordinance outlawing abortion within the City of Lubbock, declaring Lubbock a Sanctuary City for the Unborn, making various provision and findings, providing for severability, repealing conflicting ordinances, and establishing an effective date. | ” |
Full Text
The full text of this measure is available here.
Support
If you know of endorsements or arguments that should be posted here, email editor@ballotpedia.org.
Supporters
Individuals
The following individuals expressed support for the measure.[4][5]
- Charles Perry, Texas Senator
- Dustin Burrows, Texas Representative
- John Frullo, Texas Representative
- Mark Lee Dickson, Director of Right to Life East Texas
Organizations
The following organizations expressed support for the measure.
Arguments
The following argument was made in Senator Charles Perry's petition listed on the Sanctuary Cities for the Unborn website:[8]
| “ | Two years ago, [Planned Parenthood] made their plans known to re-enter West Texas and they have made good on that promise. We need to stand strong and send a clear message that the abortion industry should not set up shop in our backyard. Unborn children should have the right to live and Planned Parenthood profits off ending their lives. This is unacceptable.[9] | ” |
In an open letter to Lubbock Mayor Pope and the city council Texas Right to Life wrote:[10]
| “ | Sanctuary Cities for the Unborn Ordinances are not seeking to break or refuse to enforce the law. Instead, these cities are merely taking the greatest action possible where the federal and state legislatures have not spoken while still respecting the bounds of current Supreme Court precedent. The ordinance recognizes that no city officials may attempt to prosecute the abortion industry until permitted by federal courts. For this reason, the ordinance language delays enforcement of the criminal provisions and relies on civil liability to act as an immediate deterrent to the abortion industry.[9] | ” |
Opposition
If you know of endorsements or arguments that should be posted here, email editor@ballotpedia.org.
Opponents
Individuals
The following individuals expressed opposition to the measure.
- Dr. Joe Pojman, of the Texas Alliance for Life[11]
Organizations
The following organizations expressed opposition to the measure.[12]
Arguments
Olson & Olson LLP submitted a legal opinion to the city attorney concluding:[13]
| “ | The Proposed Ordinance is inconsistent with the United States and Texas Constitutions. Regardless of the continued validity of the laws cited in the Proposed Ordinance, both the criminal and civil provisions of the Proposed Ordinance are inconsistent with the present law of the State of Texas. The Proposed Ordinance cannot be interpreted in a way that harmonizes it with Texas law and it is, therefore, void.[9] | ” |
The following comments were submitted in opposition to the proposal at the November 17, 2020 city council public hearing on the issue:[14]
| “ | I urge you to not use City Council resources on a state political agenda. A city ban would be divisive, expensive and conflict with state and federal policies... I urge you to carefully consider the impact any decisions or actions regarding this issue will have. An abortion is a personal decision and the city of Lubbock cannot dictate to a woman what she can or cannot do with her body. Access to a safe and legal abortion is guaranteed under Roe V Wade and to take away access will only cause people to travel further or seek illegal means for an abortion.[9] | ” |
Dr. Joe Pojman of the Texas Alliance for Life expressed his support for the goal behind the measure, but opposed the measure itself, saying the measure could not be enforced and thus would not be effective:[15]
| “ | As someone who has been around on the scene for more than three decades, I do not expect to see any silver bullet that is going to end the practice of abortions, a local ordinance or a state law that bans abortions immediately is not going to stop abortions. It has been tried many times and none of those work. We need more votes on the Supreme Court who are willing to take a fresh look at Roe v. Wade.[9] | ” |
Background
Local abortion bans in Texas
The following 22 cities in Texas had passed Sanctuary City for the Unborn legislation as of March 2021:[16]
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|
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Two cities in Nebraska had also passed similar laws.[16]
Planned Parenthood in Lubbock
In 2013, the Texas Legislature passed House Bill 2 which created additional regulations on abortion providers and facilities, resulting in the closure of the Lubbock Planned Parenthood clinic due to increased costs.[17][18] The restrictions were struck down by the United States Supreme Court in 2016, and Planned Parenthood of Greater Texas announced in July of 2020 that they would be returning to Lubbock.[19][20]
Path to the ballot
This measure was put on the ballot in December 2020, through a successful citizen initiative petition drive which collected 4,526 valid signatures, more than the required 3,651 valid signatures.[21]The initiative, supported by the Sanctuary Cities for the Unborn organization, was created in response to the planned opening of a Planned Parenthood center in Lubbock and as part of a larger effort to pass ordinances banning abortion at a local level across Texas.[22][23] In November 2020, the petition was considered by the City Council and rejected for legal reasons, this decision led to a procedural vote in December 2020 to place the question before voters on the May 1, 2021 ballot.[24][25][26]
See also
External links
Footnotes
- ↑ The Texas Tribune, "The American Civil Liberties Union of Texas and Planned Parenthood of Greater Texas are suing over the West Texas city’s “sanctuary city for the unborn” ordinance.," May 17, 2021
- ↑ Texas Tribune, "Lawsuit to block Lubbock's abortion ban is dismissed in court as the ordinance takes effect," June 2, 2021
- ↑ Christian Post, "Planned Parenthood drops lawsuit against largest 'sanctuary city for the unborn'," January 25, 2022
- ↑ SCRIBD, "Charles Perry's letter to Dan Pope," accessed March 22, 2021
- ↑ Lubbock Avalanche Journal, "Public vote on Lubbock abortion ordinance growing more likely," accessed March 17, 2021
- ↑ Sanctuary Cities for the Unborn, "Lubbock, Texas," accessed March 17, 2021
- ↑ Texas Right to Life, "Press Release: Lubbock Sanctuary City for the Unborn Ordinance Earns Support of Texas’s Largest Pro-Life Group," accessed March 17, 2021
- ↑ Sanctuary Cities for the Unborn, "The 'Keep PP Out of Lubbock' Petition," accessed March 19, 2021
- ↑ 9.0 9.1 9.2 9.3 9.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Texas Right to Life, "Open Letter, October 29, 2020," accessed March 19, 2021
- ↑ Lubbock Avalanche-Journal, "Public vote on Lubbock abortion ordinance growing more likely," accessed March 17, 2021
- ↑ Lubbock Avalanche Journal, "Lubbock will soon be at the center of the abortion debate — here's what to expect," accessed March 22, 2021
- ↑ Olson & Olson LLP, "Attorney-Client Privileged Memorandum; Re: Proposed Ordinance Outlawing Abortion," accessed March 19, 2021
- ↑ Allison Wright, "Citizen Comments; Subject: Oppose City Abortion Ban," accessed March 19, 2021
- ↑ Lubbock Avalanche Journal, "Public vote on Lubbock abortion ordinance growing more likely," accessed March 19, 2021
- ↑ 16.0 16.1 Sanctuary Cities for the Unborn, "Sanctuary Cities," accessed March 19, 2021
- ↑ Texas Legislature, "Bill: HB 2; Legislative Session: 83(2)," accessed March 19, 2021
- ↑ The Texas Observer, "Planned Parenthood Returns to Lubbock," accessed March 19, 2021
- ↑ The Texas Tribune, "U.S. Supreme Court Overturns Texas Abortion Restrictions," accessed March 19, 2021
- ↑ Planned Parenthood of Greater Texas, "Planned Parenthood of Greater Texas Opens Lubbock Health Center," accessed March 19, 2021
- ↑ KCBD, "Lubbock officials declare petition valid for declaring Lubbock a sanctuary city for the unborn," accessed March 17, 2021
- ↑ Sanctuary Cities for the Unborn, "Home page," accessed March 17, 2021
- ↑ The Texan, "Lubbock Officials Eye Outlawing Abortion After Planned Parenthood Heralds New Facility," accessed March 17, 2021
- ↑ KCBD, "Legal opinion explains why city rejected proposal to abolish abortion in Lubbock," accessed March 17, 2021
- ↑ Everything Lubbock, "Council approves abortion issue election date in Lubbock," accessed March 17, 2021
- ↑ KUT 90.5, "Lubbock Moves Ahead With Referendum On Sanctuary City For The Unborn," accessed March 17, 2021
