Legal opinion explains why city rejected proposal to abolish abortion in Lubbock

Legal issues with anti-abortion proposal

LUBBOCK, Texas (KCBD) - The issue of making Lubbock a Sanctuary City for the Unborn, abolishing abortion within city limits, will head to the voters on May 1, after the petition was rejected by the city council on Nov. 17.

The city says the ordinance was rejected on legal grounds, based on the opinion of outside counsel from the law firm of Olson & Olson, LLP.

Now the city has released the full text of the legal opinion that led to their decision.

The basic issue is a conflict between the city ordinance and state law.

The city can’t adopt any ordinance that would violate state law, so the language of the ordinance would be preempted and rendered void by the Texas Penal Code..

The attorneys say the proposal tries to draw a distinction between formally repealed laws and laws that have been declared unconstitutional.

Olson and Olson finds the proposal relies on parts of state law the Supreme Court struck down, so it’s like they never existed.

The measure holds since the state legislature never formally repealed those laws, they’re still valid.

The anti-abortion group West Texas for Life, headed by State Senator Charles Perry claims it’s a perfectly legal statute, and says there’s a group of pro-bono lawyers ready to defend it.

It notes other cities have passed the ordinance, including some on the South Plains and Lubbock would be the largest if the vote passes.

The measure will be on your May ballots.

The city has posted the full text of the legal opinion here: mylubbock.info/olson-olson-opinion

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