Fund Texas Choice v. Paxton (February 24, 2023)
On February 24, 2023, US District Judge Robert Pitman issued a ruling in our case Fund Texas Choice v. Paxton. The decision, although long and complex, outlined a few key important points:
- The Attorney General was dismissed from our case, but only after being told he cannot pursue legal relief against abortion and practical support funds, or providers, for providing out of state care to abortion seekers.
- The Trigger Ban (HB1280) does not apply to out of state conduct and is only enforceable in Texas, thus reinforcing our capacity to support pregnant Texans’ access to abortion care.
- The judge acknowledged there is a danger of District Attorneys trying to enforce pre-Roe laws to stop us from doing our work, and so he ISSUED THE INJUNCTION to protect us from criminalization.
We are incredibly happy with this order, as it provides us a level of protection in continuing our mission and helps us move towards providing abortion seekers some level of support again. We have never wavered from our mission to legally assist Texans to equitably access abortion through safe, confidential, and comprehensive travel services and practical support.
This win is not just for Fund Texas Choice or the other plaintiffs, but rather, for thousands of Texans who may now be able to access the abortions they deserve and need. That is why, even with this preliminary injunction, our case continues; we are still fighting to ensure that access to travel and funding are available for abortion seekers across the entire state.
In this hostile landscape, practical support and abortion funds have been eager to provide crucial support to their communities by helping pay for abortions, transportation, lodging, childcare and more. We are proud that this decision will allow us to move forward to provide this support. No one should be prevented from accessing abortion care because of where they live or how much money they have, and this preliminary injunction reinstates our capacity to legally support abortion seekers when they are traveling out of state.
Fund Texas Choice v. Paxton (August 23, 2022)
Fund Texas Choice, along with eight other abortion and practical support funds and a medical provider, have filed a proactive lawsuit (Fund Texas Choice v. Paxton) seeking to ensure we can continue to legally assist pregnant Texans in exercising their constitutional rights to travel and to protect our constitutional rights to free speech and association.
Since the Supreme Court decision in Dobbs v. Jackson Women’s Health, we have been under direct threat of criminal and civil liability for our support of pregnant Texans, forcing us to reevaluate and drastically alter our operations to protect our staff, board, volunteers, donors, and clients from criminal and civil prosecutions that violate our constitutional rights.
Our proactive lawsuit asserts that while abortions are prohibited in virtually all circumstances under Texas state law post-Dobbs, those laws cannot restrict other constitutional rights of Texans, including:
- the right to travel freely to and from other states,
- the rights to free speech and association,
- the right to donate money to political causes they believe in, and
- the right to extend compassion to family, friends, and community members in need.
Compassion and care are not criminal activities, and Texas law cannot control conduct throughout the country. Our case asserts that travel, advocacy, political and practical donations, and speech are constitutionally protected activities. This lawsuit seeks to end the ongoing threats and intimidation by extremist legislators and government officials and to allow us, our partner organizations, and all people in Texas to provide compassionate care and assistance to pregnant Texans in need of reproductive support.
Keep up with the status of our lawsuit here or on our social media platforms to stay updated!