Texas Town Becomes 94th City in America to Ban Abortions

On Monday, February 23rd, the City of Wellman, Texas (pop. 205) became the 94th city in the nation, and the 77th city in the State of Texas, to pass a Sanctuary City for the Unborn (SCFTU) ordinance banning abortion.

The “Ordinance Outlawing Abortion, declaring Wellman a Sanctuary City for the Unborn” passed unanimously with Mayor Eddie Garza and Councilmembers Jake Rempel, Cody Griffiths, and Seth Hollowell in support of the measure. The City of Wellman, located between Seagraves (pop. 2,994) and Brownfield (pop. 9,779), is the 1st city in Terry County to pass a SCFTU ordinance. Wellman is also the 3rd city and the 6th political subdivision to pass such a measure in 2026.

The Wellman SCFTU Ordinance puts into place six provisions. These provisions prohibit: (1) performing an elective abortion and aiding or abetting elective abortions within the city limits of Wellman – extending the private enforcement mechanism found in the Texas Heartbeat Act from the point of a detectable heartbeat to the point of conception, (2) prohibits elective abortions on residents of Wellman, regardless of where the abortion takes place – allowing for private lawsuits filed in the District Courts of Texas against any abortionist or abortion facility in violation of this provision – even if the abortion facility is located in New Mexico or Colorado, (3) prohibits abortion trafficking through the City of Wellman – allowing for lawsuits to be filed against abortion traffickers attempting to traffic pregnant mothers through the City of Wellman for elective abortions outside the State of Texas, (4) prohibits the mailing of abortion-inducing drugs into the City of Wellman – extending the private enforcement mechanism found in the Texas Heartbeat Act to apply to abortion-drug trafficking, (5) prohibits criminal organizations engaged in violating the federal Comstock Act from doing business inside the city limits of the City of Wellman – allowing for lawsuits against violators of the law, and (6) prohibits the transportation or disposal of the remains of unborn children who have been killed by an elective abortion across state lines and carried by waste management companies into Texas in and through the City of Wellman – allowing for lawsuits against any waste management companies involved in the practice of treating babies as trash in violation of the Wellman SCFTU Ordinance.

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The ordinance states, “Any person, other than the city of Wellman, and any officer or employee of the city, has standing to bring and may bring a civil action against any person or entity that: violates any provision” of this ordinance. The ordinance has a six-year statute of limitations. Wellman’s Ordinance is clear that “a civil action . . . may not be brought against the woman upon whom the abortion was performed or induced or attempted to be performed or induced in violation of this ordinance, or against a pregnant woman who intends or seeks to abort her unborn child in violation of this ordinance.”

In addition to providing protections for pregnant mothers and their unborn children, the ordinance also educates members of the community on the Thriving Texas Families Program and the resources that can be obtained through centers listed on the Texas Pregnancy Care Network and The Pregnancy Network websites.

The City of Wellman received a letter from Attorney Jonathan F. Mitchell, committing to represent the City of Wellman at no cost to the city or taxpayers for any litigation that may arrive from the passage of their ordinance further outlawing abortion and abortion trafficking.

Other cities in Terry County that could follow the city of Wellman (pop. 205) are the cities of Brownfield (pop. 9,779) and Meadow (pop. 593). Terry County (pop. 11,602) could also pass a ‘Sanctuary County for the Unborn’ ordinance covering the unincorporated area of Terry County.

Located southwest of Lubbock County, Terry County is a conservative county where 82.17% (2,815) of those who voted in the 2024 Presidential Election voted for Donald J. Trump. The majority of voters in Republican Party primaries in Terry County have voted pro-life. During the 2018 Republican Party Primary, primary voters had the opportunity to vote on proposition #7.

This proposition gave voters the chance to voice their opinion if they were “In Favor” or “Against” the following statement: “I believe abortion should be abolished in Texas.” In Terry County, out of 1,096 votes, 77.79% (805) voted in favor of the pro-life proposition. During the 2022 Republican Party Primary, voters in the primary had the opportunity to vote on proposition #5. This proposition gave voters the chance to voice their opinion if they were “In Favor” or “Against” the following statement: “Texas should enact a state constitutional amendment to defend

the sanctity of innocent human life, created in the image of God, from fertilization until natural death.” In Terry County, out of 1,606 votes, 87.24% (1,401) voted in favor of the pro-life proposition.

Residents in cities and counties across the nation who are interested in seeing their local governments pass enforceable ordinances prohibiting abortion are encouraged to sign the online petition from the Sanctuary Cities for the Unborn Initiative.

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