By Jacob Fulton -
NBC News
As the Supreme Court addresses cases of restrictive Texas abortion law and Mississippi law that directly challenges Roe v. Wade, local governments have been steadily passing laws prohibiting abortion.
Municipal bans on abortion have more than doubled since early 2021, according to Sanctuary Cities for the Unborn, the group that has spearheaded this effort, as well as abortion rights advocates.
One of the latest local governments to do so is Mason, Ohio, a city of about 34,000 in the extreme southwest of the state.
The city council passed a law criminalizing abortion late last month, even though there are no abortion clinics in Mason.
[This woman was prosecuted for a miscarriage. Cases like yours are increasing, especially for minorities]
Andrea Miller, president of the National Institute for Reproductive Health, said the current political climate surrounding abortion is unlike anything she has seen in her 20 years of work protecting the right to abortion.
"This is an especially troubling time, and it is going to have a particularly damaging impact, especially on some of our most vulnerable communities," Miller said.
Creating a movement
The small town of Waskom, Texas, was the first place Mark Lee Dickson, director of Right to Life of East Texas, championed the local ban on abortion.
Since Waskom's ban was passed in 2019, his group has backed city ordinances opposing the procedure in dozens of towns across the country.
“For a long time, we have focused on our state capitals and our nation's capital, thinking that was the most important thing.
We have neglected our local governments, "explained Dickson.
The ordinances have a twist that has largely protected them from legal challenges.
Rather than placing the burden of enforcing the abortion ban on municipal officials, private citizens can sue residents who have aborted or helped someone undergo the procedure.
[A federal appeals court allows Texas to continue banning most abortions]
The same novel legal strategy is the foundation of SB 8, Texas' restrictive abortion law that was filed in the Supreme Court on Monday.
Joe Biden and Pope Francis do not talk about abortion but they moved with their gifts in a meeting
Oct. 29, 202 102: 00
Texas asked the high court to block a lawsuit filed in federal court by Texas abortion clinics against SB 8, which prohibits abortion after doctors can detect the fetal heartbeat at six weeks of pregnancy.
Judges will also hear arguments next month about Mississippi legislation that bans most abortions after 15 weeks, a direct challenge to the landmark decision in the 1973 case of Roe v. Wade.
In Ohio, Lori Viars, vice president of Warren County Right to Life, recalled that these municipal bans also provide an alternative to the policies of the Administration of President Joe Biden, which last month, through the Department of Justice, asked the Supreme Court put a brake on SB 8 in Texas.
[Eight keys to understanding why the Texas anti-abortion law and the Supreme Court decision are so controversial]
"It's exciting for pro-life because we are not very happy with what is happening at the federal level," Viars said.
"It seems like the whole world is on fire, so if we can do something locally, that's encouraging," he added.
From capitals to city councils
Municipal governments have shown themselves willing to undertake a debate that was previously left in the hands of the State and the country, although more frequently in small population centers.
Almost half of the municipalities that have passed the bans have fewer than 1,000 residents, according to census data.
Lubbock, Texas, stands out as the largest city to pass a municipal abortion ban, with an estimated population of nearly 260,000.
And more could be arriving soon, including one in London, Ohio.
[Pregnant women have a 70% higher risk of dying from COVID-19, CDC says]
Ariana Ybarra, an organizer for NARAL Pro-Choice Ohio, said these city bans are just another tactic by pro-life activists to try to overturn the Roe v. Wade case.
“People have been throwing things at the wall to see what sticks.
This is just the next way to do it, ”Ybarra said.
