Sanctuary city for the unborn

A sanctuary city for the unborn is a municipality which has passed a legal ordinance, prohibiting the performing of abortions within its municipal limits. The term is taken from "sanctuary city" (a city that openly states that it will not enforce immigration laws) and differs from an abortion sanctuary city (which is a city that will allow abortions no matter what other jurisdictions do).

The cities which have passed such ordinances or have considered doing so are generally very small rural towns (though the largest city, Lubbock, Texas, is over 250,000 population and is home to a large state university) where the city (or the county in which it is located) is overwhelmingly conservative, Republican and pro-life; even if the area was heavily liberal, Democrat and openly supported abortion on demand, abortion clinics likely would not open in those towns due to the lack of potential clients (though Lubbock was home to one). Even so, it has not stopped abortion advocacy groups from threatening to sue if such an ordinance is passed, which has caused some towns to not take any action and at least two towns to withdraw the ordinances passed.

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.
• 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.

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.

Official Sanctuary Cities for the Unborn

The list is current as of August 11, 2022. Cities which subsequently repealed ordinances are shown to maintain the official count by Sanctuary Cities for the Unborn.

Number	City and State	Date Ordinance Passed	How Ordinance Passed	Notes
1	Waskom, Texas	June 11, 2019	City Council action 5-0	First city to pass such an ordinance. After being sued the council amended and strengthened the ordinance on March 11, 2020, after which the suit was dropped; no taxpayer money was required to defend the action.
2	Omaha, Texas	September 9, 2019	City Council action 5-0	Later replaced with a "resolution" passed 3-2 upon advice of city attorney.
3	Naples, Texas	September 9, 2019	City Council action 5-1	After being sued the council amended and strengthened the ordinance on April 27, 2020, after which the suit was dropped; no taxpayer money was required to defend the action.
4	Joaquin, Texas	September 17, 2019	City Council action 5-0	After being sued the council amended and strengthened the ordinance on March 17, 2020, after which the suit was dropped; no taxpayer money was required to defend the action.
5	Tenaha, Texas	September 23, 2019	City Council action (unanimous)	After being sued the council amended and strengthened the ordinance on April 27, 2020, after which the suit was dropped; no taxpayer money was required to defend the action.

1. Gilmer, Texas
2. Westbrook, Texas (the first city outside of East Texas to pass such an ordinance)
3. Rusk, Texas
4. Colorado City, Texas
5. Gary, Texas
6. Big Spring, Texas
7. Wells, Texas
8. Whiteface, Texas
9. East Mountain, Texas
10. New Home, Texas
11. Morton, Texas
12. Ackerly, Texas
13. Grapeland, Texas
14. Goldsmith, Texas
15. Carbon, Texas
16. Gorman, Texas
17. Murchison, Texas
18. Latexo, Texas
19. Hayes Center, Nebraska (the first city outside of Texas known to have passed such an ordinance)
20. Blue Hill, Nebraska
21. Lubbock, Texas (by far the largest city to pass such an ordinance, and the first city where an abortion clinic actually operates to pass such an ordinance; this required a vote of the citizenry to pass after the council refused to do so)
22. Abernathy, Texas
23. Poynor, Texas
24. Lebanon, Ohio (making Ohio the third state to have a city pass such an ordinance)
25. Levelland, Texas
26. Sundown, Texas
27. Sterling City, Texas
28. Centerville, Texas
29. Eastland, Texas
30. Leona, Texas
31. Crawford, Texas
32. Brownsboro, Texas
33. Impact, Texas
34. Nazareth, Texas
35. Cisco, Texas
36. Mason, Ohio (repealed its ordinance upon election of new council members)
37. Anson, Texas
38. Slaton, Texas
39. Jewett, Texas
40. Shallowater, Texas
41. Pollock, Louisiana (making Louisiana the fourth state to have a city pass such an ordinance)
42. Lindale, Texas (the first city to pass an ordinance by City Council action as a result of a citizen's petition without the matter having to go to the voters)
43. Marquez, Texas
44. Willey, Iowa (making Iowa the fifth state to have a city pass such an ordinance)
45. Normangee, Texas
46. Stapleton, Nebraska

External Links

• Sanctuary Cities for the Unborn