A Texas appeals court has temporarily blocked the city of San Antonio from using tax dollars to fund out-of-state abortion travel, siding with a lawsuit brought by state officials.
The unanimous ruling Thursday from the 15th Circuit Court of Appeals prevents city officials from appropriating $100,000 for a “reproductive justice fund” supporting “downstream services” such as “travel out of State” to circumvent a statewide ban on most abortions.
The court’s Chief Justice Scott Brister and Justices Scott Field and April Farris noted that the Texas attorney general’s office successfully raised “serious doubts” about the disbursement’s legality and a lower court’s rejection of the state’s jurisdiction.
“Although the City has not yet disbursed funds, the threat of harm is more than conjectural, hypothetical, or remote,” wrote the judges, who were all appointed by Republican Gov. Greg Abbott.
State Attorney General Ken Paxton hailed the ruling in a statement Friday.
“Under absolutely no circumstances should any Texas city be funding out-of-state abortion travel, and I will continue to work tirelessly to end this cruel, unlawful, and morally bankrupt program,” Mr. Paxton said. “Forcing Texas taxpayers to subsidize abortion tourism is a profound insult to our state’s pro-life values and our laws protecting the unborn.”
The San Antonio City Attorney’s Office criticized the ruling in a statement shared with The Washington Times.
“The City is disappointed with the 15th Court of Appeals’ decision yesterday and its broad prohibition,” the statement read. “It is unprecedented in nature and the City is exploring its options.”
Democrat-led cities such as San Antonio and Austin have sought multiple ways to fund local abortion services as Texas has enacted several laws since 2021 restricting women from terminating pregnancies.
At the same time, the Texas Legislature appropriated $200 million this year to fund nonprofit agencies that help women carry their babies to term.
“Cities should be promoting the extensive network of resources Texas offers to support women facing unplanned pregnancies, including life-affirming services through pregnancy centers, maternity homes and adoption agencies,” said Amy O’Donnell, a spokeswoman for Texas Alliance for Life.
While Thursday’s ruling doesn’t offer the final word on the state’s lawsuit against San Antonio, it’s unlikely the city will succeed in directing the $100,000 in funding to the nine pro-choice agencies that applied for it.
Mr. Abbott has signaled his intention to sign a state law in September that would stop local governments from using tax dollars for abortion tourism.
Mary Elizabeth Castle, director of government relations for Texas Values, a conservative Christian advocacy group that has tracked the case, said the law would let pro-life groups sue San Antonio and Austin for past funding appropriations for abortion.
“I see this issue as resolved, not just because of what happened today but because of the law that will be signed on Sept. 1,” Ms. Castle said. “The new law will make it very clear that these cities are in violation of Texas law.”
