Pro-Life Groups Sue San Antonio Over $500,000 Out-of-State Abortion Fund

A general view of the Texas state flag during an event in San Antonio, Texas, on March 30, 2023. Mike Mulholland/Getty Images

Texas Right to Life and other pro-life groups filed a lawsuit on Tuesday against the city of San Antonio over its decision to allocate $500,000 of taxpayer money to a fund that helps women get out-of-state abortions.

San Antonio City Council members had recently approved a $3.7 billion 2024 budget, which included a notable allocation of $500,000 to establish a “reproductive justice fund.”

The lawsuit argues that the city’s budget compels taxpayers to contribute half a million dollars to this fund, in violation of state abortion laws.

The money to support women getting out-of-state abortions will be provided as grants from the fund to groups like Jane’s Due Process, Avow, the Buckle Bunnies Fund, Sueños Sin Fronteras, and the Lilith Fund for Reproductive Equity.

The lawsuit, filed Tuesday in Bexar County, aims to block San Antonio from giving any funds “to these anti-life organizations,” stated Texas Right to Life.

“​​It is a criminal offense to engage in conduct in Texas that ‘procures’ a drug-induced abortion—even when the abortion is performed out of state—so long as the procuring conduct occurs within the state of Texas,” the lawsuit states.

The lawsuit argues that even if the money is not specifically meant for abortion, supporting organizations involved in breaking the law is not allowed.

Attorneys for Texas Right to Life have issued litigation-hold letters to Texas abortion support organizations, instructing them to keep all records since September 2021 and evidence related to their assistance in abortions.

Pro-life supporters celebrate outside the Supreme Court in Washington after the overturning of Roe v. Wade on June 24, 2022. Olivier Douliery/AFP via Getty Images

The attorneys informed the abortion fund and abortion assistance groups that they would be seeking discovery “to prove that these abortion funds are violating the abortion laws of Texas.”

They hope to uncover the degree to which these organizations might be breaching state legislation, potentially subjecting their staff, board members, volunteers, and contributors to legal consequences and lawsuits as per the Texas Heartbeat Act.

“We will not allow the City of San Antonio to give taxpayer money to criminal organizations that engage in abortion trafficking and disregard the Pro-Life laws of our state,” said Texas Right to Life President John Seago in a statement.

Mr. Seago warned other Texas cities that they might face similar lawsuits if they provide taxpayer money to abortion funds or abortion-assistance organizations.

Texas Right to Life stated that the city council has continued to push for abortion policies despite the defeat of a “far-left” ballot initiative that sought to decriminalize abortion in the City Charter.

“Despite the resounding result at the polls, city council members continue to push abortion against the interests of its citizens,” the organization stated.

City Attorney Andy Segovia said the city hadn’t yet made a decision on how the money would be spent, rejecting the premise of the lawsuit.

“The City Council will have an open work session to discuss the use of the funds that will be managed by the City’s Metro Health Department,” Mr. Segovia said in a statement, reported Texas Tribune. “The funds will be distributed in accordance with state and federal laws.”

Texas abortion funds had initially refrained from supporting travel and procedures following the overturn of Roe v. Wade. However, they resumed in February, following a federal judge’s ruling that they were likely safe from criminal prosecution.

Mr. Segovia vehemently rejected the premise of the lawsuit, asserting that it was “based on misinformation and false allegations.”

The lawsuit is being led by attorney Jonathan Mitchell, who played a key role in designing legislation that led to Texas’s six-week abortion ban.