City of Austin Sued Over Allocation of Abortion Funding

Former City Council Member Files Lawsuit

The City of Austin is presently being sued due to a provision in its recently passed city budget. The lawsuit, filed by former City Council Member Don Zimmerman, comes in response to a $400,000 provision to assist women seeking abortions in locations outside the state.

Zimmerman’s Concerns

Zimmerman is asking for a temporary stop on the implementation of this policy, citing that it will direct taxpayer money to something that directly contradicts his fervent religious beliefs. The lawsuit document states, “Mr. Zimmerman… will be compelled to subsidize conduct that violates his sincerely held religious beliefs.”

As a devout Christian, Zimmerman associates the act of elective abortion closely with murder.

Council Member Fuentes Responds

Vanessa Fuentes, a city council member who proposed the allocation in question, offered a statement to local media. Fuentes mentioned “Efforts to obstruct reproductive freedom in Texas are nothing new or surprising. I remain fully committed to defending our reproductive rights here in our home city. As far as I’m concerned, our resolve remains unchanged.”

Debate Over Texas Law

The lawsuit argues that taxpayer funding cannot be utilized for an initiative that infringes upon the state law. Specifically, the mooted law is Texas’s broad abortion ban which also makes the “procurement” of an abortion a criminal act.

As per the lawsuit’s contents “If any part of the ‘procurement’ activity occurs within Texas, then the act is criminal even if the abortion that has been ‘procured’ takes place outside the state.”

Legal Opinion

Legal experts reached out constructively, commenting on the standing Texas law. They agree that the present law does not authorize the state to govern abortions that are carried out beyond its jurisdiction.

David Donatti, a senior staff attorney with the ACLU of Texas, opines that the City of Austin, like other cities, regularly fund people’s travels for varied purposes. He argues against the lawsuit’s claim, saying “And what the accusation is here is that there is something unique and distinct about traveling for purposes of receiving abortion health care in other states.”

Implications

The lawsuit comes at a time of heightened tensions around abortion rights in Texas. Legal experts concluded by suggesting that it remains within the legislative power of the state to pass a bill that could restrain cities such as Austin from allocating funds meant for accessing abortion services outside the state. To date, however, it has not enacted such a law.