Texas AG Ken Paxton Sues San Antonio for Illegally Funding Abortion Travel

Texas Attorney General Ken Paxton filed a lawsuit against the City of San Antonio on Friday, because the city illegally used taxpayer money to fund abortion travel, in violation of state law and the Texas Constitution.

The lawsuit, filed in Travis County District Court, points out that San Antonio appropriated $100,000 in taxpayer funds to support abortion travel that results in killing babies, including airfare, gas reimbursements, hotel stays, and other costs. Paxton argues this allocation undermines Texas’ strict abortion laws, which ban nearly all abortions except in cases where a pregnant woman’s life or major bodily function is at risk.

“Under Texas law, cities have no authority to use public money to assist people in circumventing Texas’s pro-life protections. Because the appropriation violates the Texas Constitution’s Gift Clause and represents an ultra vires action, Attorney General Paxton’s Healthcare Program Enforcement Division has requested a temporary restraining order and injunctive relief to stop the unlawful fund from going into effect,” Paxton said in a statement.

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“The City of San Antonio is blatantly defying Texas law by using taxpayer dollars to fund abortion tourism,” said Attorney General Paxton. “Beyond being an egregious misuse of public funds, it’s an attack on the pro-life values of our state. I will not stand by while rogue cities use tax dollars to circumvent state law and take the innocent lives of unborn children.”

The move comes despite earlier resistance from San Antonio’s City Council. In January, the council rejected a proposal to fund abortion travel, with opponents arguing it would violate state law. However, the city later included the $100,000 allocation in its budget, prompting Paxton’s legal action.

Paxton’s lawsuit seeks a temporary restraining order to halt the distribution of the funds while the case proceeds, as well as permanent injunctions to prevent San Antonio from using taxpayer money for abortion-related travel. The filing cites the Texas Constitution’s Gift Clause, which bars municipalities from granting public funds to individuals or private entities without a clear public purpose.

The city plans to respond through the courts, echoing its stance in similar legal battles elsewhere in the state.

Attorney General Paxton also sued the City of Austin in September 2024 for similarly instituting an illegal program that sought to allocate $400,000 of public money for abortion-related travel.

Last year, a federal judge ruled in favor of nonprofit abortion funds Paxton had targeted, finding they were not breaking state law by aiding out-of-state travel.

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