On Wednesday, after the Commissioners Court of Camp County passed an ordinance outlawing abortion and abortion trafficking within the county’s unincorporated area, the Commissioners Court of Upshur County passed a non-binding resolution.
While Camp County’s 15-page Sanctuary County for the Unborn Ordinance is a local law that outlaws abortion and provides consequences for those who violate the measure, Upshur County’s one-page Sanctuary County for the Unborn resolution is a non-binding statement that neither outlaws abortion nor provides for any consequences.
According to the Longview News-Journal, Upshur County Commissioner Gene Dolle said the resolution meant a lot to him, stating, “I definitely stand strongly against abortion and the killing of babies in the womb. That’s a life that I feel is generated at conception. I believe that’s what the word of God teaches—that life begins at conception and that we should protect that life.”
The Upshur County resolution, however, does not prohibit abortion or protect the life of anyone—born or unborn. Even though the resolution slips in the phrase “it shall be unlawful,” the resolution does not, in and of itself, make anything unlawful that was not already unlawful.
As reported in another article by the Longview News-Journal, “resolutions are merely symbolic and have no legal authority.” The news outlet went on to report that Upshur County Judge Todd Tefteller did not want to pass an ordinance because he believed abortion should be regulated at the state level instead of the local level.
“Adopting an ordinance is an idle act, and it’s just not something I’m interested in having my court do,” Judge Tefteller told the outlet. “I think that the resolution we passed is all that needs to be said. Upshur County’s not in the business of legislation, but we are pro-life here.”
In March, Commissioner Dolle was given a Sanctuary County for the Unborn ordinance specifically written for Upshur County, along with a letter signed by State Senator Bryan Hughes (SD 1), State Representative Cole Hefner (HD 5), and other state legislators who are supportive of counties passing ordinances further outlawing abortion within their jurisdictions.
While Commissioner Dolle was supportive of an ordinance at first, he said that Judge Tefteller was not for the measure and that the ordinance had been condensed to a one-page resolution, stating, “We are going to do things the Upshur County way!”
Judge Tefteller’s one-page resolution gutted 13 pages of the proposed Upshur County Sanctuary County for the Unborn ordinance, removing six critical provisions that further prohibited abortion by closing several loopholes in Texas anti-abortion laws.
This left only one section—the whereas clauses, which were shortened and rewritten. Removed from the whereas clauses were:
(1) Any mention that human life begins at the point of conception,
(2) Any mention that abortion is murder,
(3) References to the Thriving Texas Families Program, the Texas Pregnancy Care Network, and the services the program and network provide for women who find themselves in an unplanned pregnancy,
(4) All references to federal laws restricting the mailing and receiving of abortion-inducing drugs and abortion paraphernalia, and
(5) All references to the authority given to local governments to further regulate or prohibit abortion within their jurisdictions.
When Camp County passed its ordinance on Wednesday, Rep. Hefner praised the action, stating, “I commend [Camp County] Judge A.J. Mason and the entire Commissioners’ Court for the courage and commitment to protecting the most vulnerable among us. This isn’t just a symbolic statement—it’s a legally enforceable action that honors the sanctity of life and strengthens Texas’ stance as a leader in the fight for the unborn.” When Upshur County passed its resolution, Judge Tefteller and the Upshur County Commissioners did not get the same praise from Representative Hefner.
East Texans for Liberty Executive Director Stacy McMahan said that she and her board hope that the Commissioners of Upshur County and every city and county in East Texas would prayerfully consider the passage of Sanctuary for the Unborn ordinances. McMahan went on to say, “This is essential not only for the protection of innocent life, but for the well-being of our children as a whole.”
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