Disclaimer: The opinions expressed in this guest post are solely those of the guest author.
On Monday, the Commissioners’ Court of Dawson County, Texas, passed an ordinance outlawing abortion and abortion trafficking within the unincorporated area of Dawson County. The ordinance was passed in a 4-0 vote by Commissioners Mark Shofner, Ryan Webb, Nicky Goode, and Russell Cox, with Judge Foy O’Brien presiding over the meeting.
The passage of the measure made Dawson County the fifth county in Texas to outlaw abortion trafficking, following Mitchell, Goliad, Cochran, and Lubbock Counties, and the 74th political subdivision to have outlawed abortion in the United States.
In addition to prohibiting elective abortions and the aiding or abetting of elective abortions within the unincorporated area of Dawson County, the ordinance also prohibits the performing of an elective abortion and the aiding or abetting of an elective abortion performed on a resident of the unincorporated area of Dawson County “regardless of the location of the abortion, regardless of the law in the jurisdiction where the abortion occurred, and regardless of whether the person knew or should have known that the abortion was performed or induced on a resident of the unincorporated area of Dawson County.”
Photo of Dawson County Courthouse: Mark Lee Dickson
The ordinance also prohibits abortion-inducing drugs within the unincorporated area of Dawson County, prohibits the transport and disposal of aborted fetal remains from any abortion provider within the unincorporated area of Dawson County, prohibits criminal organizations from operating within the unincorporated area of Dawson County, and prohibits abortion trafficking by making it unlawful “for any person to knowingly transport any individual for the purpose of providing or obtaining an elective abortion, regardless of where the elective abortion will occur” as long as such activity “begins, ends, or passes through the unincorporated area of Dawson County.”
This means that it is now illegal for anyone to use the sections of U.S. Hwy 87, U.S. Hwy 180, State Hwy 83, State Hwy 137, and all sections of all other roads found in the unincorporated area of Dawson County for the purpose of abortion trafficking. Because of this, those who live within Dawson County are now prohibited from driving people out of Dawson County who are seeking to obtain an elective abortion in another state – as such actions would be considered abortion trafficking. This also means that those who are transporting women from other parts of Texas, who are seeking to obtain an elective abortion in a state like New Mexico, cannot legally pass through Dawson County – as those actions would also be considered abortion trafficking.
Photo: Dawson County Judge and Commissioners (By Mark Lee Dickson)
Dawson County’s Sanctuary for the Unborn Ordinance is enforced through the same private enforcement mechanism found in the Texas Heartbeat Act and 54 other local ordinances throughout the State of Texas. This private enforcement mechanism allows citizens to file lawsuits against those who are found in violation of the ordinance. The ordinance does not allow for any lawsuit to be filed against the mother of the unborn child, but only allows for actions to be taken against those who are assisting her in the killing of her child — when they cross the unincorporated area of Dawson County.
When asked to weigh in on the matter, Dawson County Attorney Steven Payson shared, “It’s just a way of saying, ‘Don’t do it in our county.’” Payson continued, “It’s a great way of saying, ‘That’s all, Boys, go get them,’ but it’s somebody’s else’s fight. We don’t have any risk. To me, it’s really a non-issue, when it comes to the county’s possible liability. It’s not a criminal law. It’s a lawsuit.”
The effort to see Texas political subdivisions outlaw abortion trafficking is supported by Senators and Representatives across Texas and New Mexico. The largest city to have passed an abortion trafficking prohibition is the city of Odessa in December 2022, while the largest county to have passed an abortion trafficking provision is Lubbock County in October 2023.
The Sanctuary Cities for the Unborn initiative has now seen a total of 67 cities and seven counties pass ordinances in seven different states — all prohibiting abortion within their jurisdiction. More cities and counties across Texas are considering similar ordinances – including the City of Amarillo, Texas.
