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Anti-Abortion Activists Take Their Fight to Small-Town East Texas

Abortion protests
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This article in The Texas Tribune.

JOAQUIN鈥擝lount Pharmacy, the lone drug store in this small town nestled deep in the forested Bible Belt of East Texas, doesn鈥檛 sell emergency contraception such as Plan B鈥攖hat requires a 15-mile trip down a state highway to the CVS in Center. The nearest abortion clinic is 50 miles away and across the state line in Shreveport, La.

But that didn鈥檛 discourage the city council of Joaquin, population 900, from passing a sweeping ordinance in September to declare itself a 鈥渟anctuary city for the unborn.鈥

The local order鈥攐f contested legality and enforceability鈥攁ims to outlaw abortion and Plan B if one day the U.S. Supreme Court makes it possible to do so. It declares certain abortion providers and their supporters 鈥渃riminal organizations.鈥 And it grants the family members of women who have abortions or use emergency contraception the ability to sue the provider for emotional distress.

鈥淲e want to send the statement: We don鈥檛 want you here,鈥 Joaquin Mayor Bill Baker said of abortion providers. 鈥淥ur council voted the way that they thought our citizens felt. There鈥檚 been no backlash.鈥

Local conservatives, frustrated by a perceived unwillingness of the Texas Legislature to sufficiently curtail abortion rights鈥攁nd with encouragement from a traveling activist who compares abortion to the Holocaust鈥攋oined an emerging movement of small towns near the Louisiana border.

Four other towns have passed similar ordinances; some, like Joaquin鈥檚, equate abortion with 鈥渕urder with malice aforethought.鈥 Activists hope to persuade officials in dozens more cities, in Texas and beyond, to adopt similar rules鈥攑otentially provoking a legal challenge that could add to a raft of .

The strategy has divided anti-abortion activists, who are pinning their hopes on federal courts that have grown more conservative under President Donald Trump. The U.S. Supreme Court this month it would hear a case involving a Louisiana anti-abortion law, perhaps signaling a willingness to revisit abortion restrictions nationwide.

Some see the East Texas ordinances as another opportunity to provoke a legal challenge that could land before a sympathetic panel of judges. Others warn of taking an overly inflammatory approach that is unlikely to survive a legal contest and could set the anti-abortion movement back.

In Joaquin, where 79% of the residents voted for Trump in 2016 and the city council is solidly Republican, supporters of the ordinance say their town is a perfectly logical place to take a stand鈥攅ven just a symbolic one鈥攁gainst abortion rights.

鈥淚鈥檓 proud that Joaquin did it, because all lives matter,鈥 said Lucy Cummings, 67, who鈥檚 lived in town for five decades; her nephew, Mike Cummings, is a city councilman who helped draft the ordinance. 鈥淚 am very, very against abortion.鈥

Others locals, including some who adamantly oppose abortion on religious or ideological grounds, outwardly wonder why a small town would pick this fight, inviting national attention and perhaps a court case.

Monica Reyes, who owns the downtown Mexican restaurant Cindy鈥檚 Place, demurred when asked her opinion of the ordinance. 鈥淭hat鈥檚 kind of a big subject for a small town like this,鈥 she said.

鈥淲e ain鈥檛 even got a doctor鈥檚 office,鈥 said Rodney Dean, owner of Dean鈥檚 Hardware, a 100-year local fixture that sells to nearby oil and gas businesses.

Still, he said, 鈥淚 don鈥檛 want a[n abortion] clinic in town.鈥

Most provisions of Joaquin鈥檚 ordinance would not take effect unless the U.S. Supreme Court issues a new opinion on the legality of abortion. Specifically, the high court would need to overrule its 1973 decision in Roe v. Wade, a case that originated in Texas and led to the legalization of abortion nationwide by nullifying state laws that banned the procedure.

And the court would need to reverse its 1992 decision in Planned Parenthood v. Casey, which allowed states to enact abortion restrictions only if they do not place an 鈥渦ndue burden鈥 on a woman seeking to terminate her pregnancy.

But the ordinance does immediately allow 鈥渁ny surviving relative of the aborted unborn child鈥 to sue a person in civil court for performing an abortion or providing emergency contraception in Joaquin. A person could also be sued for transporting a woman to an abortion clinic or helping pay for the procedure. It does not make exceptions for rape or incest.

That language has raised the eyebrows of a diverse array of spectators, including the American Civil Liberties Union, which has said it is , and even some anti-abortion activists.

Joe Pojman, executive director of the anti-abortion advocacy group Texas Alliance for Life, said he would not advise a local government to pass an ordinance like Joaquin鈥檚.

鈥淚t鈥檚 not well drafted, and it may not survive a court challenge,鈥 he said. 鈥淲e just don鈥檛 think a court is going to uphold a right to bring a civil lawsuit for an action that the Supreme Court has held to be a constitutional right.鈥

A more productive outlet for anti-abortion activists, Pojman said, would be to 鈥渃oncentrate on reelecting pro-life incumbents at the state level and to concentrate on reelecting Donald Trump,鈥 who may have the opportunity to appoint additional conservative justices to the high court.

That approach isn鈥檛 satisfactory to Mark Lee Dickson, the East Texas activist, pastor and sometimes fireworks salesman who has traveled the state to encourage more than 40 local governments to pass similar ordinances to Joaquin鈥檚. So far, the towns of Waskom, Omaha and Naples have done so; Gilmer opted to pass a version that does not criminalize emergency contraception.

Many city councils 鈥渞eally don鈥檛 want a business that murders innocent children on a regular basis,鈥 Dickson, 34, said. 鈥淭hey鈥檙e against the mass murders we see in school shootings, and they鈥檙e against the mass murders we see of equal number in these abortion clinics.鈥

He鈥檚 set his sights on a long list of towns across East and North Texas and says many have agreed to consider their own ordinance.

In July, the city council of Mineral Wells rejected a version of the ordinance, reportedly because of .

Pojman echoed those concerns, pointing to a federal judge鈥檚 decision this summer to to the Center for Reproductive Rights in a long-running Texas case over a sweeping anti-abortion law that the .

鈥淭hat鈥檚 money for the other side, which is a setback and bad precedent,鈥 Pojman said.

Supporters of the East Texas ordinances said they took their efforts to small towns after the Texas Legislature failed to impose even greater restrictions on abortion providers. Though abortion rights are perennially under fire at the conservative Legislature鈥攖his year, for example, state lawmakers banning local governments from paying any organization that is affiliated with an abortion provider鈥攕ome feel Texas has fallen behind other states.

Stacy Cranford pointed to the example set just across the state line in Louisiana, where a banning abortion once a fetus has a detectable heartbeat, which can occur as early as six weeks into pregnancy. Nearly a dozen states have passed similar laws, though none has gone into effect because they are tied up in federal lawsuits.

鈥淭he Texas Legislature didn鈥檛 take any action on it, so this is our voice saying, 鈥楾his is what we wish y鈥檃ll would do,鈥欌 said Cranford, school board president of the Gary Independent School District. He said local leaders in Gary City, roughly 25 miles west of Joaquin, are considering passing their own ordinance.

Abortion rights advocates say the local ordinances are dangerous because they may lead people to believe, falsely, that abortion is illegal.

鈥淚t seems frivolous, like what is the point in doing this except to incite some fear, intimidate, and further stigmatize abortion,鈥 said Kamyon Conner, executive director of the Texas Equal Access Fund, which helps low-income women afford abortion. Joaquin鈥檚 ordinance lists Conner鈥檚 group as a 鈥渃riminal organization.鈥

In protest of the ordinance in Waskom, the first Texas town to declare itself a 鈥渟anctuary city for the unborn,鈥 abortion rights advocates paid for a billboard advertisement outside of town that says,

One thing the supporters and opponents can agree on: The ordinances are primarily for show.

"Let鈥檚 face it鈥攚hat kind of legal battle would we be in for to enforce it?" Baker, the Joaquin mayor, said. "We鈥檝e made our statement.鈥

More 国产视频 the Authors

Edgar Walters
Anti-Abortion Activists Take Their Fight to Small-Town East Texas