San Antonio has terminated its publicly funded abortion travel program following the passage of new Texas legislation and a legal challenge from the state’s attorney general.
The San Antonio City Council approved $100,000 last year for what it called a Reproductive Justice Fund, designed to assist residents seeking abortion services in other states. The fund’s creation prompted immediate legal action from Texas Attorney General Ken Paxton, who filed suit against the city on grounds that it was attempting to circumvent state law and policy.
The lawsuit concluded Friday with a dismissal that found neither party at fault, though Paxton has characterized the outcome as a victory for the state. The case became moot after the city discontinued the fund in response to newly enacted legislation.
“Texas respects the sanctity of unborn life, and I will always do everything in my power to prevent radicals from manipulating the system to murder innocent babies,” Paxton stated. “It is illegal for cities to fund abortion tourism with taxpayer funds. San Antonio’s unlawful attempt to cover the travel and other expenses for out-of-state abortions has now officially been defeated.”
The city attorney’s office has disputed Paxton’s characterization of the case’s resolution, maintaining that San Antonio acted within the bounds of existing law when it established the fund.
“This litigation was both initiated and abandoned by the State of Texas,” the San Antonio City Attorney’s Office stated. “In other words, the City did not drop any claims; the State of Texas, through the Texas Office of the Attorney General, dropped its claims.”
The legal battle centered on Paxton’s argument that the travel fund violated the gift clause of the Texas Constitution. The state’s 15th Court of Appeals sided with the attorney general in June, granting a temporary injunction that prevented the city from distributing any funds while litigation proceeded.
The matter took a decisive turn in August when Governor Greg Abbott signed Senate Bill 33 into law. The legislation explicitly prohibits the use of public money for what it terms “logistical support” for abortion procedures. The law further empowers Texas residents to file civil suits against municipalities they believe have violated this prohibition.
According to the city attorney’s office, San Antonio believed its fund complied with existing law at the time of its creation. However, once Senate Bill 33 took effect and clarified the legal landscape, the city chose not to proceed with the specific uses of the fund that had been discussed publicly.
The discontinuation of San Antonio’s abortion travel fund represents the latest development in the ongoing legal and political conflict over abortion access in Texas. Since the Supreme Court’s decision overturning Roe v. Wade, states have taken divergent approaches to abortion regulation, with Texas implementing some of the nation’s most restrictive policies.
The case illustrates the complexities facing local governments that find themselves at odds with state policy on contentious social issues. While San Antonio officials maintain they acted in good faith under the law as it existed, the passage of new legislation effectively closed the legal pathway the city had attempted to navigate.
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