Cochran County, on Texas-New Mexico border, adopts ban on abortion, travel for abortion
MORTON — Cochran County Commissioners unanimously enacted a countywide abortion ban during its regular meeting Thursday morning, following in the footsteps of its municipalities and larger area cities like Lubbock and Plainview.
Cochran County joins Morton and Whiteface in outlawing abortion in its jurisdiction, and the county ordinance also prohibits traveling through the county or driving on its roads to obtain an abortion. Cochran County, which sits about 70 miles west of Lubbock on the New Mexico border, becomes the first Texas county bordering a state where abortion is legal to adopt such a ban.
The ordinance clarifies its provisions do not apply to pregnant women seeking an abortion, but do apply to anyone assisting them.
During the Thursday meeting, several citizens rose to speak in support of the ordinance, largely citing their Christian faith, and none spoke against the ban. County Judge Pat Sabala Henry told the court a representative from Texas Christians for Reproductive Justice, a group which supports abortion rights, left him a voicemail opposing the county ordinance.
Two other Texas counties (Mitchell and Goliad counties) and a plethora of cities have adopted similar ordinances. In Cochran County, as in Mitchell and Goliad counties, the ordinance provides for a private enforcement mechanism similar to that of Texas' strict Senate Bill 8 abortion ban, known as the Heartbeat Act. This means any citizen will be able to file suit against someone they believe violated the ordinance.
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County Attorney Amanda Martin warned the ordinance could cause the county to be sued in the future.
"Y'all need to understand that's a real possibility that could happen," Martin told commissioners.
Mark Lee Dickson, a Longview pastor who has championed anti-abortion ordinances through his "Sanctuary Cities for the Unborn" initiative, told the court former Texas solicitor general Jonathan F. Mitchell would be willing to defend the county pro bono if it were sued.
County Clerk Lisa Smith asked if the ordinance could open the county up to legal action for failing to maintain separation of church and state.
"There is no separation of church and state," replied Commissioner Eric Silhan, who sponsored the ordinance.
Dickson noted the ordinance does not mention religion.
"We can stand against many evils of society. There's nothing wrong with citing our faith in Jesus Christ in the process," Dickson said.
Still, legal experts have concerns the ordinance could be unconstitutional, specifically with regards to Cochran County's proximity to New Mexico and the travel prohibitions outlined in the ordinance.
"The Supreme Court has given a lot of protection to the right to travel from state to state in a lot of prior decisions," South Texas College of Law professor Charles "Rocky" Rhodes recently told The Texas Tribune. "You really have to understand these ordinances more in terms of trying to scare people, rather than something that will be able to be enforced in court."
Correction: A previous version of this story misidentified County Clerk Lisa Smith.
This article originally appeared on Lubbock Avalanche-Journal: Cochran County, Texas adopts abortion ban, travel for procedure
