Texas Attorney General Ken Paxton has sued the City of Austin over a provision in the city’s budget meant to provide money to people seeking out-of-state abortions.
The medical procedure is currently banned in Texas. There are exceptions in cases where a doctor believes the mother's or child's life is in danger. But the law is written in such a way that doctors are often hesitant to intervene. Since abortion became illegal in Texas, thousands of people have gotten the procedure out of state, which can be costly.
Austin’s most recent budget, which goes into effect next week, includes $400,000 for the Reproductive Justice Fund, a pot of money the city set aside for people seeking the procedure. According to city guidelines, the money could be used for airfare, gas, hotel stays and food.
The lawsuit, filed in district court Thursday, names the state and Mary Ann Teel, an individual, as plaintiffs. (KUT reached out to a woman with that same name, but has not heard back.) In the lawsuit, Paxton argues the city's use of taxpayer dollars to fund travel costs for abortions violates a clause in the Texas Constitution.
The law cited by Paxton says “the Legislature has no power to authorize any county, city, town, or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual ... whatsoever.”
“No city in Texas has the authority to spend taxpayer money in this manner,” Paxton said in a written statement. “In this case, the City of Austin is illegally seeking to use public funding to support travel expenses for out-of-state abortions. The Texas Constitution prohibits governmental entities from doing so.”
The lawsuit names Mayor Kirk Watson, City Manager T.C. Broadnax and the City of Austin as defendants. A city spokesperson said the city has "successfully litigated" this issue before, and plans to defend the fund in court.
Paxton’s suit is the second lawsuit the city is facing over this fund. In August, former City Council Member Don Zimmerman sued, arguing it is against state law to “spend taxpayer dollars on abortion-assistance activities." Zimmerman sued the city for similar efforts in 2019, when he tried to stop the city from helping low-income women obtain abortions. Ultimately, a Travis County district judge ruled against him.
Council Member Vanessa Fuentes led the effort for the fund with support from several of her colleagues. Fuentes accused Paxton on Friday of standing in the way of necessary health care.
"Ken Paxton should be focused on actually helping Texans instead of suppressing communities for promoting healthcare access,” she said. “Reproductive care is essential healthcare, and the Attorney General’s actions only further undermine local efforts to uphold bodily freedom. It’s disappointing, but in no way surprising.”
Austin Mayor Kirk Watson called out Paxton for "once again exploiting the great power of his office to attack and undermine the fundamental rights of women."
"I’m proud the Austin City Council is supporting Austin women as they make their own decisions about their body, their family, their health, their happiness, and their quality of life," he said on X. "I stood up and fought for reproductive rights throughout my time in office, including in the Texas Senate, and I will not back down in City Hall. Texas women deserve better than to have their state and Ken Paxton attacking their fundamental freedoms."
Paxton is seeking a temporary restraining order to halt any distribution of funds while the lawsuit moves forward. He also asked the court to grant temporary and permanent injunctions prohibiting Austin from spending taxpayer money on “logistical support” for abortions.
