San Antonio cannot fund trips for abortion, court rules

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A Texas court has temporarily stopped the City of San Antonio from funding efforts to help residents travel out of state to get abortions.

In April, the San Antonio City Council voted to allocate $100,000 to its Reproductive Justice Fund to help support abortion-related travels. Texas Attorney General Ken Paxton sued the city the following day, arguing that the city was “transparently attempting to undermine and subvert Texas law and public policy.” The lawsuit alleged that the fund violates the gift clause of the Texas Constitution, and requested a temporary injunction blocking the funding allocation.

The state's 15th Court of Appeals sided with Paxton on Thursday, granting a temporary injunction to stop the city from disbursing $100,000 into the fund.

“Temporarily preventing expenditure of these funds while the State’s appeal proceeds ensures public funds are not irrecoverably spent in violation of the Texas Constitution,” the ruling said.

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.

The city's attorneys had argued that the city may not end up using the $100,000 for abortion travels, but the appeals court said in Thursday's ruling that the legal system doesn't have to wait to see if that happens.

“The City is disappointed with the Fifteenth Court of Appeals’ decision yesterday and its broad prohibition," the city attorney’s office said in a statement on Friday. "It is unprecedented in nature and the City is exploring its options,”

Paxton, a virulent anti-abortion conservative, said in a statement that San Antonio was funding a "morally bankrupt program."

“Forcing Texas taxpayers to subsidize abortion tourism is a profound insult to our state’s pro-life values and our laws protecting the unborn. As we fight to shut down this program permanently, I’m grateful that the court has moved to stop the implementation of this illegal, radical policy.”

This ruling comes after the Texas Legislature approved Senate Bill 33, which prohibits a city or county from using taxpayer dollars on abortion related expenses. The bill was a top priority of Lt. Gov. Dan Patrick.

Paxton has also sued the City of Austin over a similar fund.

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