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Another Texas City is On Track to Ban Abortions

On Monday, September 14th, the City of Snyder, Texas (pop. 11,251), moved forward a Sanctuary City for the Unborn (SCFTU) ordinance banning abortion and abortion trafficking.

The consideration of the “Ordinance Outlawing Abortion, declaring Snyder a Sanctuary City for the Unborn” was the result of a successful citizen initiative petition filed with City Secretary Shai Green on Monday, July 27. A successful citizen initiative required 250 signatures from qualified voters. The submitted citizen initiative petition contained 475 signatures, 302 of which were verified as qualified voters living within Snyder’s city limits.

Councilwoman Sarah Jamison made a motion to accept the secretary’s certification of the petition, and Councilman Julian Dominguez seconded the motion. Council members Carson Matthies, Ralph Hernandez, Kenny Miller, and Thomas Strayhorn joined Jamison and Dominguez in voting in favor, making the vote a unanimous 6-0.

With the petition officially certified and accepted by the Snyder City Council, the ordinance brought forth through the citizen initiative process could now be considered. As a result, the Snyder City Council heard a brief presentation from Right to Life Across Texas about the ordinance outlawing abortion and abortion trafficking that was the focus of the petition.

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After the presentation, Councilwoman Sarah Jamison made a motion to act on the petition. Councilman Carson Matthies seconded the motion. Council members Julian Dominguez, Ralph Hernandez, Kenny Miller, and Thomas Strayhorn joined Jamison and Matthies in voting in favor, making the vote another unanimous 6-0.

Since the Snyder City Council decided to act on the petition, it was now time for the City Council to “Consider and act on approval on first reading an Ordinance… outlawing abortion, declaring Snyder a sanctuary city for the unborn.” Councilman Carson Matthies made a motion to approve the measure. Councilwoman Sarah Jamison seconded the motion. Council members Julian Dominguez, Ralph Hernandez, Kenny Miller, and Thomas Strayhorn joined Matthies and Jamison in voting for the measure. As with previous votes, the first-reading approval vote was unanimous, 6-0. Upon the vote, the council chambers were full of applause – including the applause of Mayor Stephanie Ducheneaux, who presided over the meeting.

However, the City of Snyder is not a Sanctuary City for the Unborn just yet. For the Snyder City Council to officially adopt the ordinance, it must survive a second reading and final vote. That second reading vote, which is the final reading, is set for Monday, October 5.

After the vote, Pearlene Nolan with His Joy Ministries shared, “I was so pleased that the Snyder City Council had a unanimous first reading vote for making us a Sanctuary City for the Unborn! Having 3 children, 10 grandchildren, and 6 great-grandchildren, I am pro-life.” Nolan continued, “I am pro-life for a higher reason as well. The Word of God says we are our Creator’s workmanship in Psalm 139:12-13. Wonderfully knit together in our mother’s womb. Also, Proverbs 6:16-18 says that, of the seven things God hates, one is the shedding of innocent blood. Put it together, and it’s imperative that we honor life. It is a gift to cherish.”

The proposed Snyder SCFTU Ordinance defines “abortion” as the “act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of an unborn child.” The ordinance is clear that the term “abortion” DOES NOT INCLUDE: “In vitro fertilization or fertility treatments of any type; The use, prescription, administration, procuring, or selling of Plan B, morning-after pills, intrauterine devices, or any other type of contraception or emergency contraception; or an act performed with the purpose to: Save the life or preserve the health of the unborn child; remove a dead unborn child caused by spontaneous abortion; or remove an ectopic pregnancy, the implantation of a fertilized egg or embryo outside of the uterus.”

The ordinance also goes out of its way to make sure people understand that the ordinance does not prohibit abortions that may result in cases of medical emergencies, declaring, “abortion at all times and at all stages of pregnancy is an unlawful act, unless the abortion is performed to save the life of the pregnant woman in a medical emergency.” The term “medical emergency” is defined in the ordinance to mean “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.” The ordinance states, time and time again, that it does not prohibit “abortions performed or induced in response to a medical emergency, or any conduct that aids or abets or attempts to aid or abet such abortions” and is also clear that it does not prohibit “conduct taken by a licensed medical professional that is necessary to perform, induce, or facilitate an abortion in response to a medical emergency, or to ensure that the licensed medical professional is prepared to perform, induce, or facilitate an abortion in response to a medical emergency, so long as that conduct is not in any way intended to facilitate an elective abortion.”

If adopted, the measure will put into place six provisions. These provisions prohibit: (1) performing an elective abortion and aiding or abetting elective abortions within the city limits of Snyder – extending the private enforcement mechanism found in the Texas Heartbeat Act from the point of a detectable heartbeat to the point of conception, (2) prohibits elective abortions on residents of Snyder, regardless of where the abortion takes place – allowing for private lawsuits filed in the District Courts of Texas against any abortionist or abortion facility in violation of this provision – even if the abortion facility is located in New Mexico or Colorado, (3) prohibits abortion trafficking through the City of Snyder – allowing for lawsuits to be filed against abortion traffickers attempting to traffic pregnant mothers through the City of Snyder for elective abortions outside the State of Texas, (4) prohibits the mailing of abortion-inducing drugs into the City of Snyder – extending the private enforcement mechanism found in the Texas Heartbeat Act to apply to abortion-drug trafficking, (5) prohibits criminal organizations engaged in violating the federal Comstock Act from doing business inside the city limits of the City of Snyder – allowing for lawsuits against violators of the law, and (6) prohibits the transportation or disposal of the remains of unborn children who have been killed by an elective abortion across state lines and carried by waste management companies into Texas in and through the City of Snyder – allowing for lawsuits against any waste management companies involved in the practice of treating babies as trash in violation of the Snyder SCFTU Ordinance.

The ordinance states, “Any person, other than the city of Snyder, and any officer or employee of the city, has standing to bring and may bring a civil action against any person or entity that violates any provision” of this ordinance.

The ordinance has a six-year statute of limitations. Snyder’s Ordinance is clear that “a civil action . . . may not be brought against the woman upon whom the abortion was performed or induced or attempted to be performed or induced in violation of this ordinance, or against a pregnant woman who intends or seeks to abort her unborn child in violation of this ordinance.”

In addition to protecting pregnant mothers and their unborn children, the ordinance educates community members about the Thriving Texas Families Program and resources available through centers listed on the Texas Pregnancy Care Network and The Pregnancy Network websites.

Scurry County Republican Party Chairman Zachary Gafford believes Snyder’s city council will adopt the measure on the second and final reading. Gafford shared: “This is a common-sense measure with overwhelming support among Snyder residents. The county has already spoken clearly on this, and we are confident the city will do the same.”

Residents in cities and counties across the nation who are interested in seeing their local governments pass enforceable ordinances prohibiting abortion are encouraged to sign the online petition from the Sanctuary Cities for the Unborn Initiative.

LifeNews Note: Mark Lee Dickson lives in Texas and is the founder of the Sanctuary Cities for the Unborn Initiative.

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