Texas Sues Own City Over Out-of-State Abortions

Texas Attorney General Ken Paxton on Friday launched legal action against San Antonio after its city council approved $100,000 towards a Reproductive Justice Fund, which could be used to pay for out-of-state abortions, The Texas Tribune has reported.

Newsweek contacted Paxton's office and the City of San Antonio for comment on Saturday via online inquiry form outside of regular office hours.

Why It Matters

In June 2022, the Supreme Court overturned Roe v. Wade, which had made abortion access a constitutional right, returning the issue to the various states where it sparked bitter disagreement.

In response Texas imposed a near total abortion ban, with exemptions to protect the life of the mother. Consequently some Texan women have been travelling to other, predominantly Democratic-controlled, states, to have abortions.

What To Know

On Thursday, the San Antonio City Council voted 6-5 to transfer another $100,000 to its "reproductive justice fund," which could be used in part to finance out of state abortions for women from the city.

In response, Attorney General Paxton announced he was suing the city, with his office saying it was "unlawfully using public money to fund abortion tourism, enabling people to evade Texas's laws protecting the lives of unborn children."

Paxton argued the council's fund violates the Texas constitution's gift clause, and asked for a temporary injunction to stop the money being transferred.

In 2023, San Antonio transferred $500,000 to its reproductive justice fund, but following controversy this was spent on non-abortion programs such as STI testing and contraceptives.

Paxton filed a similar lawsuit against the City of Austin in September 2024 after it proposed spending $400,000 worth of taxpayers money to fund out of state abortions.

The Texas Legislature is currently considering Senate Bill 33, which would make it illegal to spend any taxpayer funds in the state on abortion related expenses. The bill is expected to have a floor vote shortly, after appearing before a Senate committee last week.

What People Are Saying

In a statement, Texas Attorney General Paxton said: "The City of San Antonio is blatantly defying Texas law by using taxpayer dollars to fund abortion tourism.

"Beyond being an egregious misuse of public funds, it's an attack on the pro-life values of our state. I will not stand by while rogue cities use tax dollars to circumvent state law and take the innocent lives of unborn children."

According to The Texas Tribune, San Antonio council member Melissa Cabello Havrda, who backed the fund, said: "I've got one job up here, and it's to protect the people I represent.

"This is how San Antonio is stepping up when other entities will not."

In a statement sent to Fox San Antonio, Clayton Perry, who is hoping to become the city's next mayor, condemned the city council's decision.

She said: "AG Ken Paxton wasted no time in suing the City of San Antonio for the passage of the $100,000 Reproductive Justice Fund, which is by design, a fund designed to break the law.

"The City Council passed this waste of money under the belief that it would not break the law or draw lawsuits that waste taxpayer money. As usual, members of the City Council are more interested in social issues and political grandstanding than back to basics leadership focused on public safety, streets and sidewalks, and fiscal responsibility."

What Happens Next

It remains to be seen how the courts will rule on Paxton's case and what the political fallout will be.