Sanctuary Cities and Counties for the Unborn: The Use of Resolutions and Ordinances to Restrict Abortion Access

Abstract

So far at least five states—Illinois, New Mexico, Texas, North Carolina, and Utah—have passed resolutions and ordinances declaring localities as sanctuaries for the unborn. Santa Rosa County in Florida is poised to be the first county in Florida to be designated as a pro-life sanctuary. Some localities declare life begins at conception, ban abortion services (including access to emergency contraception), classify abortion as murder with malice aforethought, label pro-choice organizations as criminal enterprises, and create civil causes of action against abortion providers and those who assist women in obtaining an abortion. Most of the localities that have enacted the ordinances and resolutions have small populations and do not have abortion clinics. This article examines the sanctuary movement across the United States. It discusses the intersection of romantic paternalism with reproductive jurisprudence, the emergence and proliferation of TRAP laws, and the resolutions and ordinances making up the sanctuary movement.

Keywords: abortion, sanctuary, city, county