Changes

Most of the ordinances have two parts: a public section and a private section.

Most of the ordinances have two parts: a public section and a private section.

*The public section generally would allow the municipality to fine anyone who performs an abortion, or "aids and abets" in one.  However, the section generally states that the fines cannot be imposed unless 1) it is determined that enforcing the fine would not create an "undue burden" upon one seeking an abortion, 2) whoever commits the abortion lacks standing in the courts to assert third-party rights on behalf of one seeking an abortion, or 3) ''[[Roe v. Wade]]'' and ''[[Planned Parenthood v. Casey]]'' are overturned.  Therefore, at present this section cannot be enforced; it exists in the event the matter is turned over to the states.

*The public section generally would allow the municipality to fine anyone who performs an abortion, or "aids and abets" in one.  However, the section generally states that the fines cannot be imposed unless 1) it is determined that enforcing the fine would not create an "undue burden" upon one seeking an abortion, 2) whoever commits the abortion lacks standing in the courts to assert third-party rights on behalf of one seeking an abortion, or 3) ''[[Roe v. Wade]]'' and ''[[Planned Parenthood v. Casey]]'' are overturned.

*The private section generally would allow individuals to sue anyone who performs or "aids and abets" in an abortion (except the mother who has the abortion), making that person liable in tort to the mother and/or father of the aborted child for compensatory damages (including damages for emotional distress), punitive damages, and court costs and attorney's fees.  In addition, any private individual may file suit against anyone who performs or "aids and abets" in an abortion (again, except the mother who has the abortion), and can be granted injunctive relief, statutory damages, and court costs and attorney's fees.  However, unlike the public section, this section usually has immediate effect.  (This provision, which is highly controversial, made its way into the [[Texas Heartbeat Act]].)

*The private section generally would allow individuals to sue anyone who performs or "aids and abets" in an abortion (except the mother who has the abortion), making that person liable in tort to the mother and/or father of the aborted child for compensatory damages (including damages for emotional distress), punitive damages, and court costs and attorney's fees.  In addition, any private individual may file suit against anyone who performs or "aids and abets" in an abortion (again, except the mother who has the abortion), and can be granted injunctive relief, statutory damages, and court costs and attorney's fees.  However, unlike the public section, this section usually has immediate effect.  (This provision, which is highly controversial, made its way into the [[Texas Heartbeat Act]].)

These cities differ from those which have passed resolutions opposing abortion, as a resolution is only "the opinion" of the city, and has no legal effect.

These cities differ from those which have passed resolutions opposing abortion, as a resolution is only "the opinion" of the city and has no legal effect.

The movement began in [[Texas]], a generally pro-life state, with the passage of such an ordinance in the town of [[Waskom, Texas]] (located on the Louisiana border) on June 11, 2019, but as of May 2021 has spread to at least two other states.

The movement began in [[Texas]], a generally pro-life state, with the passage of such an ordinance in the town of [[Waskom, Texas]] (located on the Louisiana border) on June 11, 2019, but as of May 2021 has spread to at least two other states.