Two litigation firms have filed petitions against organizations that have admitted to paying for abortions in Texas after detection of a fetal heartbeat, a violation of the Texas Heartbeat Act.
Attorneys from both America First Legal and the Thomas More Society filed petitions for discovery against the Lilith Fund for Reproductive Equity and the Texas Equal Access Fund, both of which have admitted in court that their organizations paid for at least one abortion of an unborn baby in Texas who had a detectable heartbeat.
The litigation firms submitted petitions to take depositions from Neesha Davé, deputy director of the Lilith Fund for Reproductive Equity, and Kamyon Conner, executive director of the Texas Equal Access Fund.
Be loud and proud with some pro-abortion merch from our Threadless shop! All proceeds help us fund abortions. https://t.co/nDGbubs5Qw pic.twitter.com/7wDa89ZEA3
— Texas Equal Access Fund (@TEAFund) February 16, 2022
The depositions will serve to determine which individuals are subject to civil liability and criminal prosecution for assisting with illegal abortions.
The Texas law contains a unique enforcement mechanism that allows any private citizen to file a civil lawsuit against an abortion provider or any other individual who “aids or abets” a “criminal abortion.” Any individual found to have assisted an abortion after a fetal heartbeat is detected can be penalized at least $10,000 in statutory damages plus costs and attorneys’ fees.
Black women invented the #ReproductiveJustice framework. #BlackHistoryMonth
— Lilith Fund (@lilithfund) February 1, 2022
Additionally, it is unlawful in Texas to provide the means for obtaining an abortion, “knowing the purpose intended,” unless the mother’s life is in danger. Individuals convicted of funding abortions face 2 to 5 years in prison for each abortion they either paid for or helped to bring about in other ways.
“America First legal is proud to be part of the legal team that successfully defended the Texas Heartbeat Act, including before the Supreme Court of the United States,” said Stephen Miller, the firm’s president, in a statement.
Miller added:
As a civil rights organization, we strongly advocate for the inalienable right to life—including the right of all children to reach their full God-given potential. For this reason, we are seeking court-ordered discovery against organizations who have admitted their role in aiding and abetting abortions in violation of the Act. We will maintain the rule of law and protect the right to life.
Need help getting an abortion? We provide free, non-judgmental, confidential, and affirming support for all abortion seekers. Text us at 1-844-TEA-FUND (1-844-832-3863). pic.twitter.com/wNY8xeZkkp
— Texas Equal Access Fund (@TEAFund) February 14, 2022
Tom Brejcha, president and chief counsel of the Thomas More Society, explained that, in keeping with the Texas law, the two pro-abortion funding organizations “have admitted to paying for abortions in violation of the Texas Heartbeat Act, and in doing so they have exposed their employees, volunteers, and donors to civil lawsuits and potential criminal prosecution.”
“Those donations were used not for First Amendment advocacy but to end the lives of innocent unborn human beings with beating hearts,” Brejcha, continued. “Those who are funding or assisting in bringing about these abortions will be revealed in discovery. Anyone who has aided or abetted an illegal abortion in Texas is subject to the full force of the law and imposition of these civil and criminal sanctions.”
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Susan Berry, PhD, is national education editor at The Star News Network. Email tips to [email protected].
