A newly enacted law prohibiting the use of public funds for aiding Texas patients in obtaining abortions outside the state has led to the dismissal of a lawsuit filed by the state attorney general against the city of San Antonio.
On Friday, the office of Texas Attorney General Ken Paxton announced its victory in the case, which was dismissed without any verdict for either party, a legal term known as being “non-suited.”
“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,” stated Attorney General Paxton. He emphasized that it is illegal for municipalities to use taxpayer money to fund what he termed “abortion tourism.” He concluded that San Antonio’s efforts to cover travel and related expenses for out-of-state abortions have been officially thwarted.
In contrast, San Antonio’s city attorney refuted the claim that the city had acted unlawfully or that the state had won the lawsuit. “This litigation was both initiated and abandoned by the State of Texas,” the attorney’s office declared in a statement. “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.”
Last April, members of the San Antonio City Council approved a $100,000 allocation to its Reproductive Justice Fund, aimed at assisting with abortion-related travel. The very next day, Paxton’s office filed a lawsuit, asserting that the city was attempting to undermine Texas law and public policy.
The lawsuit contended that the fund was in violation of the gift clause of the Texas Constitution and sought a temporary injunction to prevent the allocation of funds. The state’s 15th Court of Appeals sided with Paxton, issuing a temporary injunction that halted the city from dispersing the $100,000 into the fund.
In August, Governor Greg Abbott signed Senate Bill 33 into law, which prohibits the use of public funds for providing “logistical support” for abortions. The legislation also permits Texas residents to file civil lawsuits if they believe a city has breached the law. The city attorney’s office noted, “The City believed the law, prior to the passage of SB 33, allowed the uses of the fund for out-of-state abortion travel that were discussed publicly. After SB 33 became law and no longer allowed those uses, the City did not proceed with the procurement of those specific uses—consistent with its intent all along that it would follow the law.”
In the following month, the city of Austin terminated its own abortion travel fund, which had allocated $400,000 to its Reproductive Healthcare Logistics Fund for 2024 to assist women traveling to other states for abortions, covering expenses such as travel, food, and lodging.
