The Texas Court of Appeals issued an opinion in Mark Lee Dickson and Right to Life East Texas v. Afiya Center and Texas Equal Access Fund. The opinion considered underlying defamation and conspiracy claims brought by organizations named in a local anti-abortion ordinance. The appellants (advocates for the ordinance) argued that the organizations could not prove the elements of defamation. Appellants also argued that their statements were constitutionally protected speech under the constitution and the Texas Citizens’ Participation Act.
The “Waskom Ordinance” at issue read:
“WHEREAS, a surgical or chemical abortion is the purposeful and intentional ending of a human life, and is murder “with malice aforethought” since the baby in the womb has its own DNA, and at certain points in pregnancy has its own heartbeat and its own brain waves . . .” * * *
- We declare Waskom, Texas to be a Sanctuary City for the Unborn.
- Abortion at all times and at all stages of pregnancy is declared to be an act of murder with malice aforethought, subject only to the affirmative defenses described in Section C.3.
- Organizations that perform abortions and assist others in obtaining abortions are declared to be criminal organizations. * * *
- The Supreme Court’s rulings and opinions in [Roe, Casey, Stenberg, and Whole Woman’s Health] are declared to be unconstitutional usurpations of judicial power, which violate both the Tenth Amendment and the Republican Form of Government Clause, and are declared to be null and void in the City of Waskom.
The court upheld the trial court’s order denying the appellants’ motion to dismiss the defamation and conspiracy claim. The court also ordered appellant to pay costs.