San Antonio Closes Abortion Travel Fund Due to New Texas Law

San Antonio has decided to shut down its out-of-state abortion travel fund, reacting to a recent Texas law that bars public funds from being used for abortion expenses, alongside a lawsuit challenging the fund.

Last year, City Council members allocated $100,000 to the Reproductive Justice Fund to assist with travel for abortion-related needs. However, Texas Attorney General Ken Paxton initiated a lawsuit claiming the city was “clearly attempting to undermine and subvert the laws and public policies of the State of Texas.”

On Friday, Paxton declared a win in the lawsuit after it was dismissed without any verdicts for either party.

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In a statement, Paxton emphasized the commitment to the protection of unborn children, asserting, “It is illegal for cities to fund abortion tourism projects with taxpayer dollars. The City of San Antonio’s illegal attempt to cover travel and other costs for out-of-state abortions has been officially defeated.”

Yet, the San Antonio legal team responded to Paxton’s victory claim, arguing the city acted lawfully. They stated, “This case was initiated and abandoned by the State of Texas. In other words, the city did not drop any charges. The state of Texas, through the Texas Attorney General’s Office, dropped the charges.”

Paxton’s lawsuit contends that the travel fund breached the Texas Constitution’s Gifts Clause. The state’s 15th Circuit Court of Appeals aligned with Paxton’s position, issuing a preliminary injunction in June to prevent the city from distributing the funds during the case’s progression.

Furthermore, Governor Greg Abbott endorsed Senate Bill 33 in August, which restricts public funds from being utilized for “logistical support” related to abortions and allows Texas residents to pursue civil lawsuits against cities violating this law.

The city attorney’s office indicated that before SB 33 was enacted, they believed that the law sanctioned the use of funds for out-of-state abortion travel, which was openly discussed. After the passage of SB 33, they did not continue with the planned expenditures, adhering to their intention to comply with the new law.

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Despite the closure of the abortion travel fund, the broader reproductive justice fund remains operational, though it now focuses solely on non-abortion services like home pregnancy tests and STD screenings.

Similarly, the city of Austin has halted its abortion travel fund in light of the new law. Austin had set aside $400,000 in its Reproductive Health Care Logistics Fund for travel, food, and lodging to aid women traveling to other states for abortions in 2024.