Activism

Third Texas county outlaws abortion and use of roads for ‘abortion trafficking’ 

Disclaimer: The opinions expressed in this guest post are solely those of the guest author. 

Abortion and abortion trafficking have been outlawed in Cochran County (pop. 2,547), with several protections being added to protect pregnant mothers and their unborn children. The ordinance was passed in a unanimous 4-0 vote by Commissioners Timothy Roberts, Matt Evans, Eric Silhan, and Reynaldo Morin. The passage of the measure made Cochran County the third county in Texas to outlaw abortion trafficking, following Mitchell and Goliad Counties, and the 53rd political subdivision to have outlawed abortion in the State of Texas. 

Lea County and Roosevelt County in New Mexico, the first and second counties to pass “Sanctuary County for the Unborn” ordinances in the United States, share a border with Cochran County in Texas. 

Prior to the passage of the ordinance, many from the community shared about why they wanted to see Cochran County outlaw abortion and abortion trafficking within their county. The first resident of the county to share was Pastor David Shaw of First Baptist Church of Whiteface.

Pastor Shaw shared, “There is an obligation on behalf of the government, given consent by the people, to do the wills and the wishes of the people. But there is also a moral obligation that is being held. Not just under the will of the people to see things come about that are good, but a moral obligation to God himself. That His will would be coming about and that He would be glorified not just in our individual actions, but in the actions that are represented by our local government that represents us as well.” 

Pastor Shaw continued, “There was a news piece that was put out recently accusing this of being some sort of fearmongering activity and then, ironically, the piece went on to fearmonger from the opposite end, accusing us of wanting to set up checkpoints in some sort of fascist regime. I believe the only reason that fear-mongering is the weapon of the enemy is, in a culture of death, it is hard to try to promote peace. We are very truthful and honest about what is being presented. We have nothing to hide and I think it is important that we do this.”

Afterwards, Morton business owner Scott Simpson shared, “It has already been done in the cities (Whiteface and Morton), but this trafficking thing is a part of this ordinance. We gotta stand up and do the right thing or else we’re going to be held accountable.” 

Cochran County farmer Jason Patterson shared, “I encourage you to pass the ordinance. One thing that has been heavy on my heart is the human trafficking that is going on. It is the fastest growing crime and passing this ordinance will help cut down on that.”

Another speaker was longtime Morton resident Lynna Zapata, who serves as one of the pastors of Live Free Indeed in Lubbock, Texas. Zapata shared, “I want to stand as a woman that has six children, I’ve adopted two children, I have a passion for this. I am also a pastor and I counsel a lot of women. I am telling you from someone who sits on the other side of broken, broken women – and helped put them back together with the power of the Holy Spirit. This is helping women by passing this.” 

Longtime Morton resident Lynna Zapata speaks before the Cochran County Commission. (Photo: Mark Lee Dickson)

Former Mayor of Whiteface, Texas, Judy Deavors, was also in attendance at the meeting. Deavors shared, “We have to finish what we started. This is just wrapping it up, and if you vote for this, we’ll have what we need.”

During the meeting Judge Pat Sabala Henry shared that a representative from Christians for Reproductive Justice had left a voice mail in opposition to the ordinance. 

Commissioner Silhan shared, “I’m 100% pro-life and I am here to stand with the people who can’t stand for themselves.” He stressed, “Punish the rapist, punish the person committing incest, but why do we kill the innocent when they are not guilty?” 

Commissioner Morin asked the County Attorney if the ordinance was legal to pass. Cochran County Attorney Amanda Martin stated that she believed the ordinance was legal, due to the provision passed within the Texas Heartbeat Act which specifically allows for cities and counties to further restrict abortion. During the meeting it was also mentioned that if Cochran County faces any litigation over their ordinance, former Solicitor General of Texas and architect of the Texas Heartbeat Act, Jonathan F. Mitchell has agreed to represent the county at no cost to the county and their taxpayers. 

When it came time for a vote on the ordinance, Commissioner Roberts shared, “I’ve had no question about it. I was ready to vote for it ten or thirty minutes ago.” The motion was made by Commissioner Silhan, seconded by Commissioner Evans, and voted on for adoption by all four county commissioners. 

In addition to prohibiting elective abortions and the aiding or abetting of elective abortions within the unincorporated area of Cochran County, the ordinance also prohibits the performing of elective abortion and the aiding or abetting of an elective abortion performed on a resident of the unincorporated area of Cochran 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 Cochran County.”

The ordinance also prohibits abortion-inducing drugs within the unincorporated area of Cochran County, prohibits the transport and disposal of aborted fetal remains from any abortion provider within the unincorporated area of Cochran County, prohibits criminal organizations from operating within the unincorporated area of Cochran 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 Cochran County.”

This means that it is now illegal for anyone to use the sections of Hwy 114, Hwy 125, Hwy 214, and all sections of all other roads found in the unincorporated area of Cochran County for the purpose of abortion trafficking. Because of this, those who live within Cochran County are now prohibited from driving people out of Cochran 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 pass through Cochran County – as those actions would also be considered abortion trafficking.

Like the Texas Heartbeat Act, the Cochran County Ordinance is only enforced through a private enforcement mechanism—allowing lawsuits to be filed by citizens against anyone who is in violation of the ordinance. The Cochran County 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 Cochran County.

The effort to outlaw abortion trafficking in counties across Texas has received much support. Prior to their vote, the Cochran County Commission received a letter from senators and representatives across the State of Texas. The letter read:

While it is true that abortion is outlawed in the entire State of Texas, from the point of conception, our work is far from over. Right now, throughout the State of Texas, women are being trafficked across our borders by abortion traffickers funded by abortion trafficking organizations still operating in our state. As a result, these women are being abused and traumatized by abortion across our Texas-New Mexico border and sent back to Texas for our cities and counties to deal with the aftermath taking place in our homes, our schools, our churches, and our hospitals. The Sanctuary for the Unborn ordinances seek to protect these institutions by putting safeguards in place to protect men, women, and their children for years to come. These ordinances, which seek to close as many loopholes as possible, do not penalize women who seek or undergo abortions, but places the penalty on the party who most deserves it — the abortionist and the industry profiting from the unjust procedure, including abortion traffickers.

While we intend to do our part to keep our strong pro-life protections for mothers and their unborn children, we believe it will help for cities and counties to do their part as well. As state elected officials who are trusted by Pro-Life Texans to stand for life at every available opportunity, we believe this is a viable and crucial opportunity for local governments to protect their most vulnerable members. We look forward to partnering with you as we seek to defend innocent human life at every level of government.

The letter included the signatures of: Representatives Dustin Burrows (HD 83), Carl Tepper (HD 84), Jeff Leach (HD 67), Jared Patterson (HD 106), Briscoe Cain (HD 128), Greg Bonnen (HD 24), Stephanie Klick (HD 91), James Frank (HD 69), Ellen Troxclair (HD 19), Cole Heffner (HD 5), Geanie W. Morrison (HD 30), Mark Dorazio (HD 122), Matt Schaefer (HD 6), Carrie Isaac (HD 73), and Senators Charles Perry (SD 28), Mayes Middleton (SD 11), Bryan Hughes (SD 1), Tan Parker (SD 12), Donna Campbell (SD 25), and Lois Kolkhorst (SD 18).

The Sanctuary Cities for the Unborn initiative has seen a total of 67 cities and five counties pass ordinances in seven different states—all prohibiting abortion within their jurisdiction. More Sanctuary Counties for the Unborn are expected in the near future.

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