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 term also includes counties which have passed ordinances covering the portions not part of an incorporated municipality.

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 has spread to other states.

Official Sanctuary Jurisdictions for the Unborn

Cities

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)	Waskom was the 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)	On October 14, 2019, upon the advice of the city attorney, the city council replaced the ordinance with a "resolution" which passed 3-2.
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.
6	Gilmer, Texas	September 24, 2019	City Council action (4-2, two members not present)
7	Westbrook, Texas	November 18, 2019	City Council action (3-0)	Westbrook was the first city outside of East Texas - where the movement began - to pass such an ordinance.
8	Rusk, Texas	January 9, 2020	City Council action (3-2)	After being sued the council amended and strengthened the ordinance on April 15, 2020, after which the suit was dropped; no taxpayer money was required to defend the action.
9	Colorado City, Texas	January 14, 2020	City Council action (5-1)
10	Gary, Texas	January 16, 2020	City Council action (unanimous)	After being sued the council amended and strengthened the ordinance on March 19, 2020, after which the suit was dropped; no taxpayer money was required to defend the action.
11	Big Spring, Texas	January 14, 2020	City Council action (3-2 with one abstention on first reading; 4-2 on second reading and final passage)
12	Wells, Texas	January 14, 2020	City Council action (unanimous)	After being sued the council amended and strengthened the ordinance on March 9, 2020, after which the suit was dropped; no taxpayer money was required to defend the action.
13	Whiteface, Texas	March 12, 2020	City Council action (3-2)	Between February-May 2020 (when seven cities were being sued for passing these types of ordinances), Whiteface was the only city to pass such an ordinance.
14	East Mountain, Texas	July 20, 2020	City Council action (3-0 with two abstentions)
15	New Home, Texas	September 29, 2020	City Council action (5-0)
16	Morton, Texas	October 12, 2020	City Council action (4-0)
17	Ackerly, Texas	December 1, 2020	City Council action (6-0)
18	Grapeland, Texas	January 25, 2021	City Council action (4-0 with one abstention)
19	Goldsmith, Texas	February 20, 2021	City Council action (unanimous)
20	Carbon, Texas	February 22, 2021	City Council action (unanimous)
21	Gorman, Texas	March 4, 2021	City Council action (unanimous)
22	Murchison, Texas	March 9, 2021	City Council action (unanimous)
23	Latexo, Texas	March 15, 2021	City Council action (4-0)
24	Hayes Center, Nebraska	April 6, 2021	City Council action (5-0)	Hayes Center was the first city in Nebraska, and the first outside of Texas, to pass a sanctuary city ordinance.

1. Blue Hill, Nebraska
2. 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)
3. Abernathy, Texas
4. Poynor, Texas
5. Lebanon, Ohio (making Ohio the third state to have a city pass such an ordinance)
6. Levelland, Texas
7. Sundown, Texas
8. Sterling City, Texas
9. Centerville, Texas
10. Eastland, Texas
11. Leona, Texas
12. Crawford, Texas
13. Brownsboro, Texas
14. Impact, Texas
15. Nazareth, Texas
16. Cisco, Texas
17. Mason, Ohio (repealed its ordinance upon election of new council members)
18. Anson, Texas
19. Slaton, Texas
20. Jewett, Texas
21. Shallowater, Texas
22. Pollock, Louisiana (making Louisiana the fourth state to have a city pass such an ordinance)
23. 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)
24. Marquez, Texas
25. Willey, Iowa (making Iowa the fifth state to have a city pass such an ordinance)
26. Normangee, Texas
27. Stapleton, Nebraska

External Links

• Sanctuary Cities for the Unborn