San Antonio Will Try Defy Texas Abortion Ban, Ban Police from Arresting Abortionists

State   |   Micaiah Bilger   |   Feb 9, 2023   |   12:25PM   |   San Antonio, Texas

A May 6 ballot measure in San Antonio, Texas would prohibit police from arresting abortionists who kill unborn babies in violation of state law.

On Wednesday, city leaders said the progressive group ACT 4 SA collected more than 20,000 valid voter signatures – enough for its pro-abortion city charter amendment to be placed on the spring ballot, according to Axios.

If voters approve the measure, it would amend the city charter to prohibit police action on a number of matters, including illegal abortions.

Texas law protects unborn babies by banning abortions and creates penalties for abortionists who violate the law. However, the charter amendment attempts to defy the pro-life legislation by prohibiting city police from investigating or making arrests for illegal abortions. It allows exceptions if the abortion was forced or coerced, or if there was criminal negligence involving the health of the pregnant mother.

ACT 4 SA founder Ananda Tomas claimed the pro-abortion measure will “save lives.”

“By passing this we will create a safer, more just San Antonio for all that can be a beacon of light for other cities across Texas and even across the nation,” Tomas said in a statement.

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However, city attorney Andy Segovia said almost all of the sections in the proposed amendment are “inconsistent with state law” and therefore unenforceable, according to the San Antonio Report.

“Therefore, even if the public does adopt the charter amendments, the charter amendments as written will not be enforceable,” he said Wednesday.

In September 2021, Texas became the first state in almost 50 years that the courts allowed to enforce a pre-viability abortion ban. Then, in June, the U.S. Supreme Court overturned Roe v. Wade in a historic ruling and began allowing states to protect unborn babies from abortion again. Now, all elective abortions are banned in Texas.

Data from the Texas Health and Human Services Commission shows zero legal elective abortions and three medically necessary abortions legally performed to save the life of the mother in August 2022. In comparison, in August 2021, 5,706 unborn babies were aborted in Texas, according to state health data.

Pro-life leaders estimate that tens of thousands of babies have been saved from abortion since the Texas heartbeat law went into effect.

In November, Texans elected even more pro-life Republicans to their state legislature, contradicting predictions that the abortion ban would cause a blue wave in the southern state. This winter, state lawmakers are considering additional legislation to make sure pro-life laws are being enforced to protect unborn babies and mothers.