Texas sues San Antonio over abortion funding

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On Thursday night, a divided San Antonio City Council voted 6-5 to spend $100,000 on helping residents travel out of state to get abortions.

Less than 24 hours later, Attorney General Ken Paxton sued in state court, arguing San Antonio is “transparently attempting to undermine and subvert Texas law and public policy.” The lawsuit alleges that the fund violates the gift clause of the Texas Constitution, and requests a temporary injunction blocking the funding allocation.

The lawsuit is not unexpected: Paxton previously sued the City of Austin over a similar fund.

San Antonio originally allocated $500,000 for a Reproductive Justice Fund in 2023, in response to Texas’ near-total ban on abortion. After much debate, and a private lawsuit, the money was spent on non-abortion related reproductive health initiatives, like contraception, testing for sexually transmitted infections and health workshops.

But this recent addition of $100,000 was narrowly approved to be spent specifically on abortion travel, the San Antonio Express-News reported. Some council members opposed the measure due to anti-abortion sentiment or a fear of being sued, while others said it was a necessary step to support people who were being harmed by the state’s abortion laws.

“I’ve got one job up here, and it’s to protect the people I represent," councilwoman and mayoral candidate Melissa Cabello Havrda said at the hearing, the newspaper reported. “This is how San Antonio is stepping up when other entities will not.”

A spokesperson for the city did not immediately respond to a request for comment.

Paxton, a virulent anti-abortion conservative, said in a statement that San Antonio was “blatantly defying Texas law.”

“Beyond being an egregious misuse of public funds, it’s an attack on the pro-life values of our state,” he said. “I will not stand by while rogue cities use tax dollars to circumvent state law and take the innocent lives of unborn children.”

This battle comes as the Texas Legislature considers Senate Bill 33, which would outlaw the use of taxpayer dollars on abortion-related expenses. The bill, which Lt. Gov. Dan Patrick has said is a top priority, was heard by a Senate committee last week and is expected to advance to a floor vote. The bill is expected to face more of an uphill battle in the House.

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