San Antonio has terminated its out-of-state abortion travel fund following the enactment of a new Texas law that prohibits public funds from being used for abortion services. This decision comes after a lawsuit initiated by Texas Attorney General Ken Paxton, who argued that the city’s fund undermined state law. Previously, the city council had allocated $100,000 to its Reproductive Justice Fund to assist residents traveling for abortion services.
The legal conflict began when Paxton filed suit against San Antonio, asserting that the fund was an attempt to “undermine and subvert Texas law and public policy.” On October 13, 2023, Paxton claimed victory when the lawsuit was dismissed without a finding for either party. He stated, “Texas respects the sanctity of unborn life, and I will always do everything in my power to prevent radicals from manipulating the system to murder innocent babies.”
Despite the dismissal, the San Antonio city attorney’s office contended that the city acted within the law. They clarified, “This litigation was both initiated and abandoned by the State of Texas. The City did not drop any claims; the State of Texas, through the Texas Office of the Attorney General, dropped its claims.”
Paxton’s legal argument was based on a violation of the gift clause of the Texas Constitution, which prohibits the use of public funds for non-public purposes. In June, the state’s 15th Court of Appeals granted a temporary injunction blocking the disbursement of the fund while litigation was ongoing. The situation escalated when Governor Greg Abbott signed Senate Bill 33 into law in August, which explicitly bans public funds from being used to support abortion-related travel. This law permits Texas residents to file civil suits against cities that may violate these provisions.
The San Antonio city attorney’s office expressed that they believed the law prior to the passage of SB 33 permitted the fund’s use for out-of-state abortion travel. They stated, “After SB 33 became law and no longer allowed those uses, the City did not proceed with the procurement of those specific uses—consistent with its intent all along that it would follow the law.”
While the abortion travel fund has been discontinued, the broader Reproductive Justice Fund remains operational but is now limited to providing non-abortion services. These include home pregnancy tests, emergency contraception, and STI testing.
Other cities in Texas are also affected by this new legislation. The city of Austin recently ended its own abortion travel fund, which had allocated $400,000 in 2024 to assist women traveling to other states for abortion services. The ongoing changes in Texas law reflect a significant shift in how reproductive health services are funded and accessed, raising concerns among advocates of reproductive rights.
