In a legal confrontation that underscores a broader struggle over abortion rights in Texas, Attorney General Ken Paxton has launched a lawsuit against the city of San Antonio. The litigation, filed last Friday, targets the city’s decision to allocate public funds for out-of-state abortion travel, accusing them of “unlawfully using public funds” for what Paxton terms “abortion tourism.” This legal action follows a similar measure taken against Austin in September (full text available here).
The controversy arises from a decision earlier this month where, in a narrow 6-5 vote, the San Antonio City Council approved $100,000 for its Reproductive Justice Fund. The fund is designated for “downstream services,” which notably includes travel expenses for residents seeking legal abortions outside Texas. The lawsuit hinges on the “gift clause” of the Texas Constitution, which restricts the allocation of state funds to private entities, unless there is a proven public benefit and legitimate public interest.
Supporters of the fund argue that the resources will help residents access essential reproductive health services, including abortion, Plan B, and STI testing. City councilmember Melissa Cabello Havrda, a proponent of the funding, emphasized her responsibility to protect the constituents she represents. Meanwhile, Ariana Rodriguez from Jane’s Due Process highlighted the diverse healthcare needs that the funding could support.
Paxton has strongly criticized the city’s actions, suggesting that they contravene Texas law and misappropriate taxpayer money. Texas has reinforced strict abortion prohibitions since a 2022 state law went into effect, often pursuing legal measures to enforce these restrictions. Previous actions include a lawsuit against a New York doctor for prescribing abortion drugs to a Texas resident and the arrest of a health care provider in Houston for performing abortions.
Paxton’s legal request seeks to establish that the San Antonio allocation violates the gift clause, combined with both temporary and permanent injunctions to prevent further funding or implementation of these allocations. Legal professionals are monitoring this case closely, given the potential implications for municipal autonomy and reproductive rights in Texas.