LUBBOCK, Texas (KCBD) - The rumors of Planned Parenthood returning to Lubbock have inspired Senator Charles Perry to propose an ordinance that would make Lubbock a “Sanctuary for the unborn.”
Essentially, this ordinance would outlaw abortions within the city limits of Lubbock and make civil lawsuits possible against abortionists.
Before the ordinance can take effect, city council must vote a majority ruling on this ordinance.
The ordinance has two parts, which take place if Roe v. Wade is overturned and as soon as the ordinance is passed.
The first part is called public enforcement. This section can only go into effect if the Roe versus Wade ruling is overturned. If the ordinance is passed and Roe v Wade is overturned, the ordinance would issue fines of $2,000 to anyone who performs or aids an abortion.
The second part is called private enforcement, which would take effect as soon as the ordinance is passed. According to the ordinance sent to council members, any family member of the terminated fetus could sue the persons who performed and aided the abortion.
“So what that looks like is a grand mother could sue the abortionist for the death of her grandchild. The aunt or uncle could sue for the death of a niece or nephew. A father could sue for the death of their child. The only person who cannot bring a lawsuit or have a lawsuit brought against them is the mother," Director for Life to Right Texas Mark Dickson said.
According to Dickson, outlawing abortions in Lubbock does not interfere with the undue burden legal clause because women can get abortions outside city limits.
“If it’s passed, says abortion is murder and babies are not going to be murdered here in Lubbock Texas," Dickson said.
Ultimately, this ordinance is legal and possible because these laws are still part of Texas law. The Supreme Court cannot overturn state laws, only legislatures can.
“Those laws are based on pre-Roe statues, so those laws are still on our books," Dickson said.
The entire ordinance is available here.