Texas fetal heartbeat bill ‘in harmony’ with Lubbock’s Sanctuary City for the Unborn ordinance

Updated: May. 19, 2021 at 7:51 PM CDT
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LUBBOCK, Texas (KCBD) - While there are differences between the Texas abortion law signed by Gov. Greg Abbott on Wednesday and the Sanctuary City for the Unborn Ordinance approved by Lubbock voters, the state law is designed to protect and allow for greater local restrictions.

The ordinance and the state law are similar in many ways and the few differences enhance each other.

Constitutional law professor Josh Blackman says the governor’s signature validates any city that wants to be a sanctuary for the unborn.

“It says that if a local municipality like Lubbock wants to go further and impose greater restrictions on abortion, they can, so they won’t be in conflict. These two laws will be in harmony,” Blackman said.

Both allow private citizens to sue abortion providers or those who aid one. However, the bill takes private enforcement further by permitting lawsuits against people who fund abortion providers.

There is also a difference in damages. The fetal heartbeat bill has a four-year statute of limitations, while the city ordinance doesn’t have any limit. The ordinance is allowed to be stricter than state law.

The two measures are similar in that neither one provides an exception for rape or incest, only for medical emergencies, and both have laws in place anticipating the Supreme Court’s reversal of Roe v. Wade.

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