In honor our of nation’s birthday, I think it is time to release the speech given at the Waskom City Council as they voted unanimously to make their city by resolution and ordinance a sanctuary city for the preborn. The resolution was solid. The ordinance fell short, but God’s truth keeps marching on in Jesus’ name!

There were times in our history as Americans where we went astray. We failed to live up to our own ideals.

Most notably in the days of slavery and later in the days of racial discrimination.

Men like Frederick Douglass would point out where we had missed the mark and would call our nation back to true faith and allegiance to God.

Typically, they would cite our founding documents as the plumb line to judge our national sins, which had brought national calamity. By God’s grace, I intend to follow their example.

In our Declaration, Almighty God is cited 4 times. He is acknowledged as law giver. Thomas Jefferson declared, “To the laws of nature and nature’s God.” This was the moral justification for our nation to break ties with England to become an independent nation amongst the nations of the earth.

Their appeal was to the Lord of Hosts and His higher law that is binding upon all men, in all nations, for all time. The lawgiver commands, “Thou shall not murder.” He did not give that command with a qualifier that implies unless the Supreme Court rules otherwise. Divine law trumps human law and any law that countermands God’s law is no law at all.

Second, Almighty God is acknowledged as our Creator. It is this self-evident truth that secured our life, liberty, and pursuit of happiness. Roe vs. Wade revoked our national covenant with life and replaced it with a covenant of death. This has produced a culture of death that has savaged our people ever since.

What does the blessings of the freedom of speech, religion etc. mean to a dead baby? We have violated the preamble of our Constitution, which promised to secure liberty to ourselves and our posterity. If we do not grant life to our own sons and daughters, do we deserve it ourselves?

Third, the Declaration acknowledged Almighty God as the Supreme Judge of the earth. The Supreme Judge decreed, “Rescue those unjustly sentenced to death. Defend the poor and needy. Deliver them from the hand of the wicked.”

Lastly, our Founding Fathers pledged their lives, fortunes, and sacred honor based upon Divine Providence. City Council here in Waskom TX, I would encourage you to do the same. Trusting in Divine Providence, rise up to end the injustice and suffering of the preborn and declare your independence as a sanctuary city for the least of these in Jesus’ name!

#justiceforthepreborn
#abolishabortion
#endabortionnow

Yesterday, Christian radio station VCY interviewed us about our upcoming national event, Complete the Work, in Milwaukee from July 13-20th. It has great coverage and it reached a lot of folks with the vision and mission. You can listen to the interview and/or view their promotion of Complete the Work by pressing on the link of the event below.
 
Today, the local media has caught wind of our coming and is interviewing Jason Storms even as this post is shared.
 
Important logistical information:
 
The location for rallies each night, except for Tuesday evening is at the Zoofari Conference Center, 9715 W. Bluemound Rd. in Milwaukee, Wisconsin.
 
The rallies run from 6:30-8:30 pm
 
The location for for the youth training times is at Grace Community Church is 8400 W. Beloit Road, Milwaukee, WI 53227
 
Youth training times and days are Monday-Wednesday, July 15th-17th, from 9-noon and Friday, July 19th, from 10-noon.
Hope to see you there!

(This will also be a part of the new website #notavictim. Special shout out to Bradley Pierce for clarifying the distinctions in the code).

Under current Texas law, an individual person is defined as “a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth;” and homicide is defined as intentionally, knowingly, recklessly, or criminally negligently causing the death of an individual person. Tex. Penal Code § 1.07(26) and (38) and Ch. 19.

Because of this, Texas already has established “personhood” for preborn children, and their lives are generally protected by law. For example, if a drunk driver hits and kills a pregnant woman and her baby, the perpetrator can be charged with double homicide.

In fact, these statutes legally define elective abortion as homicide and, standing alone, would completely outlaw abortion in Texas. To avoid that, when the definition for individual person was amended to include preborn children, the legislature created an exception to homicide so that abortions could continue.

That exception, found in Texas Penal Code 19.06, says the following: This chapter [Homicide] does not apply to the death of an unborn child if the conduct charged is:

(1) conduct committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure;

(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or

(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

In other words:

(1) Texas acknowledges the preborn as persons to be generally protected under Texas law.

(2) If the father, another woman, or stranger harmed a child in the womb, they would be charged with a crime.

(3) If a woman hired an abortionist, the woman and her willing accomplice can “legally” murder the baby in the womb with impunity.

These discrepancies and inconsistencies have established a schizophrenic law system since abortion was decriminalized.

On the one hand, if a woman decides to murder her preborn child by abortion, she is perfectly within her rights. If, however, someone else kills the preborn baby in her womb without her consent, the guilty party is charged with a crime.

This creates duplicity. It promotes a double standard that makes a travesty of justice. It violates the very nature and concept of law. It binds the source of law to the fickle nature of humanity and we allow this with a straight face.

Women should never have the “freedom” or “right” to choose death for another person, any more than fathers under Roman paterfamilias had the “right” to grant thumbs-up or down to keep or murder his dependent children.

Biblical Distinctions Between Sin and Crime as it Relates to Abortion (This teaching will be a part of a new website #notavictim)
 
First, let’s start with definitions. We learn from the Bible, God’s immutable, inerrant and inspired Word, the definition of sin. 1 John 3:4 declares, “Whoever commits sin also commits lawlessness, and sin is lawlessness.” In other words, any thought, belief, or action that violates God’s Holy Commandments is to be considered sin.
 
In archery terms, sin is missing the mark. If the arrow does not plunge into the bull’s eye, it misses the mark. Romans 3:23 reminds us, “for all have sinned and fall short of the glory of God.”
 
In a practical sense, sin is the chain that binds men’s souls. Most know what they are doing is wrong and have even suffered for it, but like slaves, they are bound to keep sinning (Romans 6:16). The Apostle Peter described it like a dog that returns to its vomit or a pig to the mire, so fools return to their folly (2 Peter 2:22).
Unrepentant sin can eventually jade our consciences that God granted us to accuse or excuse our behavior (Romans 2:15). Practice sin long enough and one can sear one’s conscience as with a hot iron (1 Timothy 4:2). It will no longer serve God’s design for the human soul. It will malfunction to the point, where people are deceived to believe good is evil and evil, good (Isaiah 5:20). Cases in point, murdering babies in the womb is good and protecting them from harm is bad. Parading our sin like Sodom is good and protecting the God ordained family is bad.
The last stage of a seared conscience is reprobation. Souls that reach that stage become the walking dead. God turns them over to their depravity and their eternal damnation is sealed (Romans 1:24-32). I would adjure all that read this to consider well your ways and avoid this deplorable condition at all cost.
Lastly, the wages of sin is death, but the gift of God is eternal life in Christ Jesus our Lord” (Romans 6:23). Jesus taught that we all must be born again to enter or see the Kingdom of God (John 3:3-6). Otherwise, the wrath of God abides on us (John 3:36).
The Biblical equation we must all comprehend is born once, die twice. If born only once, mankind will suffer both a physical and spiritual death (Hell). Born twice, however, and people only die a physical death. Our souls will escape the second death (Revelation 20:14). We will be preserved unto eternal life, where the Bible promises no more tears, suffering, pain, or sorrow (Revelation 21:4).
 
We came into this world dead to God and alive to sin. Once we are saved and transformed by the Holy Spirit, we become alive to God and in the process of sanctification, we become dead to sin (Titus 3:3-7). Thus, it is commanded to all, “Repent and believe the Gospel. The Kingdom of God is at hand” (Mark 1:15).
 
Crime
 
Crime is defined as an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law. Not all sins in the Bible are considered crimes by God. Take for instance, the Tenth Commandment, “Thou shall not covet” (Exodus 20:17).
 
God does consider covetousness a serious matter. It leads to idolatry (Colossians 3:5). How is this possible? We must remember it was Adam and Eve coveting the authority of God to determine good and evil that led to the Fall. This betrayal has inspired mankind to seek to be a law and god unto ourselves to this very day. As rebellious as that might be, God still does not demand this be a crime made punishable by law.
 
Covetousness reveals the motivation of a sinful, greedy heart. It is an inordinate, avarice desire for your neighbor’s relations, property and goods. Now, if this leads to theft or murder, then the sinful action would be a crime. Greed maybe considered a possible motive, but the theft or murder would be the actual crime that would be charged against the perpetrator. Civil Government was not established to penalize thoughts, but only to punish criminal behavior.
 
Thomas Jefferson, our third President stated in his letter to the Danbury Baptist of Connecticut:
Believing with you that religion is a matter which lies solely between Man and his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
 
When it comes to the thorny issue of abortion in America, most people, including Christians, have a deep misunderstanding of the nature of this act. Those who support this bloody evil, think it neither a sin nor a crime. They think it is “right” to be celebrated and protected by law. Most Christians have not thought through this national evil Biblically, which has brought national calamity. They may think it is a sin, but not necessarily a crime to be punished by law.
In fact, much of the failed strategy of the pro-life movement is based upon “the second victim” mentality. It is one that places the main perpetrator, in most cases, the mother, as a victim along with the child she murders by hiring an abortionist. Biblically, that is an absurd notion and God will not abide it.
 
We know for sure abortion is a sin due to the fact, it violates the Sixth Commandment, “Thou shall not kill.” The Hebrew word for kill in the sixth commandment is ratsach, which means “to dash in pieces, i.e. kill (a human being), especially to murder:-put to death, kill, (man-)slay(-er), murder(-er).”
 
“Thou shalt not kill,” in the Hebrew, translates as, “Thou shalt not murder.” The prohibition is against those who with malice and forethought would take the life of another, thereby forfeiting their own. This signifies the degree to which God holds human life sacred.
 
There are four forms of killing in the Bible that do not violate the Sixth Commandment and God would not deem these killings as acts of murder. Thus, persons involved with these types of killing would escape the penalty for blood guilt. First, capital crimes, especially murder, deserve capital punishment by lawful civil authority. Numbers 35:31 states, “Moreover you shall take no ransom for the life of a murderer who is guilty of death, but he shall surely be put to death.”
Remember, God gave to civil government the “sword” as the symbol of His authority in the civil realm. This symbol is not a piece of chalk to teach our children in public schools, nor a spoon to feed the poor on the government welfare dole. The sword is an instrument of death, a lawful coercive force ordained by God. The sword of government is to be wielded in justice by executing wrath against evildoers and protecting those who are good in God’s sight (Romans 13:1–4).
 
The other three forms of killings are accidental death, self-defense or justifiable homicide, and lastly, soldiers performing their lawful duty in a just war. None of these forms of killing does God consider crimes of murder punishable by law.
 
Much of our American jurisprudence concerning the distinction between killing and murder was based upon this Biblical foundation. The more we move away from God as a nation, however, the more these issues get murky. To the point, people who have defended their homes to protect their families from criminals are now being charged with a crime, whereas before, they would be hailed as heroes.
Abortion would also be considered a grave sin by God when we study His dealings with Israel in the Old Testament. Back then, abortion was known as child sacrifice and the shedding of innocent blood. It was so appalling in the eyes of God, He said, “I did not command or speak, nor did it come into My mind (Jeremiah 19:5). What does it mean when the all-knowing God admits this wicked practice never entered his mind?
 
I promise you that it is not due to the lack of knowledge. This would violate the omniscience of God. No, I believe this cruel act is so foreign to God’s commandments, character, will, and creative order that He refuses to acknowledge it. In other words, this despicable practice is so far off the charts, so beyond the pale, that God will not dignify it with any sense of rationality. For parents to sacrifice their own children in order to obtain a better life is unthinkable in the mind of God.
 
Abortion as a Sin and not a Crime
 
If abortion was just a sin and not a crime, there would still be consequences. None of us escape God. We cannot continue to break God’s law with impunity. Eventually, God’s law breaks us. Jesus warned, “And whoever falls on this stone (Speaking of Himself) will be broken; but on whomever it falls, it will grind him to powder.” What a man sows, he shall surely reap. God is not mocked (Galatians 6:7, 8). We live in a cause and effect universe. Even the secular world touts the notion of Karma.
George Mason, chief architect to our Bill of Rights once stated, “Every master of slaves is born a petty tyrant. They bring the judgment of heaven on a country. As nations cannot be rewarded or punished in the next world, (only individuals) they must be in this. By an inevitable chain of causes and effects providence punishes national sins, by national calamities.”
 
America failed justice and our national creed to the right of liberty by legalizing slavery. If the state is not consistent in matters of justice, the penalty does not disappear. It cost our nation a bloody Civil War. The penalty merely shifted from guilty parties (Slave Owners) to society at large. National sins and crimes, uncontested by justice, bring national calamities.
Once again, our nation has failed justice and our national creed to the right to life. This is the first and most fundamental right that God demands civil government to protect. Thomas Jefferson stated, “The care of human life and happiness, and not their destruction, is the first and only object of good government.”
 
Though the church and state may fail in their responsibilities to protect the life of the preborn, God cannot deny Himself (Leviticus 20:1–5). The problem is when God deals with unjust atrocities; He typically responds with a heavy hand. Our nation will answer for every drop of innocent blood that has been shed in this holocaust.
 
Abortion is not just a Sin, but a Crime
 
The next question to be answered Biblically is, does God consider abortion to move beyond sin status to the realms of criminality. Unequivocally, it is a resounding YES!
 
God places no distinction between a baby in the womb to a baby outside of the womb. All human beings are made in the image of God. Equal justice under the law is not just sloganeering, but a sacred principle established by God (Exodus 12:49; Luke 4:4). Our nation has failed this sacred principle, but God will never fail. His throne is built upon justice and righteousness that will never waver or falter (Psalms 89:14).
Exodus 21:22-25 teaches:
 
If men fight, and hurt a woman with child, so that she gives birth prematurely, yet no harm follows, he shall surely be punished accordingly as the woman’s husband imposes on him; and he shall pay as the judges determine. But if any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.
 
Notice this case law deals with a woman with child being caught up in a fight between men. The unborn child is included as the primary area of concern legally in the fray. If nothing happens to the child in the womb, there still maybe a financial penalty determined by a judge. If harm follows, however, the punishment must fit the nature of the harm, life for life etc.
 
This passage of Scripture is known as God’s Lex Talionis of crime and punishment. It is the golden rule applied to justice. If the punishment is less than the crime deserves, it inspires society to commit even more evil (Ecclesiastes 8:11). Unless we understand this principle of injustice, we will never comprehend the wretched condition of this next generation. If the punishment is to severe, however, it turns lawful authorities into despots.
 
The church must be consistent if our prophetic witness is to be considered credible in our blood stained and perverted nation. We cannot make truth claims like abortion is murder and then in the legal realm do not act like people are committing a crime. Our witness rings hollow.
 
Abortion is not a healthcare issue that can be resolved by legal technicalities. It is a crime. God calls it murder and it must be penalized by law. Otherwise, God’s demand for justice has not been met and our nation will continue to stagger under blood guilt and all its subsequent evils savaging our nation.
 
www.operationsaveamerica.org
 
 

On Tuesday, June 11th, the city of Waskom, Texas declared itself the first Sanctuary City for the Preborn in the United States.  The declaration and ordinance has caused no small stir. People have been talking about it from coast to coast.

The purpose of my brief thoughts here is not to expound upon the good, the bad, and the ugly of the city’s actions – others have given long and excellent critiques, including those innately involved in this effort in Waskom. They – and others – have also given a warning for the need for purity in the effort for the preborn. And I offer a simple historical exhortation to that end.

When the magistrates of Magdeburg, Germany decided to interpose against Emperor Charles V and his Augsburg Interim, they were engaged in a desperate act. They were greatly outnumbered and stood as the lone city to defy in the whole Empire.

Their writings and letters during the siege of their city from October 1550 to November 1551, reveal they had no idea they could win the conflict. They saw their dire condition as perhaps the consummation of the age. They were doing what they did solely because it was right in the sight of Christ. They could have never foreseen that their actions would save the Reformation.

The forces sent to lay siege to Magdeburg were led by Maurice of Saxony. After 13 months of siege and battle, Maurice decided to join the magistrates of Magdeburg in their interposition against Charles V. Saxony was like a state within the Empire. This would be like a state standing in interposition against federal tyranny in America.

The story of Magdeburg is the story of a city that defied an empire.

Notice that the state officials and Maurice did not do right until a city stood against the tyranny. And this is often the case. Often the lower magistrates in a state must prod the higher-ranking officials before they will do right.

This is the good about Waskom. For the first time since the bloodshed commenced 46 years ago, municipal level magistrates are taking a stand rather than just quietly submitting to the slaughter.  Perhaps Waskom’s attempt to interpose will prod the state officials and Governor Abbott in Texas to defy Roe and defend the preborn from murder altogether.

The bad about Waskom is that their ordinance allows the murder of those conceived in rape or incest, and the mythical “life of the mother” exception.

The ugly is that their ordinance acknowledges Roe. This is what happens when lawyers get involved who are wed to trying to reverse Roe. They convinced the magistrates of Waskom to go to the tyrant with hat in hand and ask the tyrant to rescind his tyranny via a court case. This is the failed strategy of the pro-life movement for over four decades.

The duty of the magistrates in the face of the murderous Roe opinion is not to create a case, rather, their duty is to ignore Roe and defy the Supreme Court.

The duty in the face of murder is interposition – not 46 years of parleying with Supreme Court nominees and cases.

Purity must be maintained here.

The ministers, magistrates, and people of Magdeburg maintained purity regarding the Gospel. They did not treat the matter as playing politics – getting what they could and compromising to get it. You cannot compromise on primary doctrines of the Christian faith. Nor can you compromise when it comes to murder.

The history of the pro-life movement in the political realm has been a history of treachery and betrayal against the preborn. That needs to cease. And only Christian people faithful to Christ can make it cease.

The doctrine of the lesser magistrates continues to grow. More municipal magistrates will take action in the days ahead. Those who love Christ and their neighbor must assure that the next city does better and protects all the preborn.

The Lord blessed the faithful and valiant actions of the Magdeburgers and their magistrates. He will bless the faithful and valiant actions of America’s magistrates. We must be faithful to Christ and instruct the magistrates in their God-given duty.

Thoughts on Waskom, TX

In God’s providence, He put together a team to help Waskom, Texas become the first sanctuary city for the preborn by resolution and by ordinance. He raised up a visionary who saw danger approaching, a scribe who penned two solid documents, the resolution and ordinance, and a proclaimer to rally the church and the city to adopt these history making documents. Amazingly, this happened within the space of two weeks.

The resolution was passed and, in that sense, Waskom, TX made history in Texas by declaring itself a “sanctuary city” for the preborn. Of course, this has only rhetorical value as it lets the world know where they stand in defense of the preborn. The failure, however, came on the ordinance end.

Though, they were given a clean bill that would have made Waskom a sanctuary city with the added teeth of enforcement, they went with the legal counsel of a lawyer who promised to defend the city. It weakened the bill and turned it from a solid abolitionist ordinance to a “pro-life” compromised ordinance. It declawed the mechanisms of enforcement and put it off until Roe. Vs. Wade is overturned. It is a trigger ordinance riddled with exceptions.

There was some good, however, that came out of this effort. The news of what happened went viral. Over 300,000.000 people saw the headline that read, “Texas border town declares itself sanctuary city for the unborn: ‘Here we will no longer murder our babies.’”

It was like a massive drop card that reached hundreds of millions of people. Our main ideas went forth. To most people, this was a fresh concept of ending the holocaust at the local level. It has spread since then to other cities and counties.

Another thing, I personally was blessed by, even though the city council backed off on the solid ordinance, they did count the cost and were willing to pay a price. They don’t have the money to defend themselves against massive lawsuits if sued. Their own city attorney considered the resolution and ordinance “unconstitutional” and refused to defend the city.

Despite these two glaring challenges, they still voted unanimously for them both. Though this city did not go all the way, Waskom, TX still has gone farther than any other city to represent God’s heart and demand for justice on the behalf of the preborn.

The last good take away from this venture in Waskom is the lawyer who compromised the ordinance in some ways, strengthened it in other ways. As we move forward, we will be able to present better resolutions and ordinances for cities, counties, and states to be true sanctuary jurisdictions for the preborn.

IN KING JESUS’ SERVICE,

Rev. Rusty Lee Thomas

National Director, Operation Save America

Explanation of the Origin of the Waskom, Texas Ordinance

by Pastor Jon Speed

WASKOM

I was asked to craft an ordinance for the City Council of Waskom, Texas which would end any possibility of abortion in Waskom. Mark Lee Dickson of Right to Life of East Texas approached the mayor In Waskom and Mark in turn reached out to me.  I was asked because of my experience working on Sanctuary Cities for the Unborn, largely in cooperation with End Abortion Now.

The nature of this document is necessarily a critique.  In critiquing the ordinance, I want to make one thing very, very clear to the brave people of Waskom, Texas.  This is not a critique of you.  I would not think of doing that.

When the city council met on Tuesday night, it was made very clear that their actions expose them to lawsuit.  A lawsuit that could run into the millions of dollars.  Waskom does not have that kind of money.  Their mayor has said that if they lose, he will quit his post as mayor before he has anything to do with paying any abortionist that kind of money.  Waskom’s city attorney has stated flatly that he does not agree with this ordinance and believes it to be unconstitutional (as if abortion is constitutional to begin with; it is not).

After all of that, Waskom voted to approve both the proclamation (in its original form, unedited) and the ordinance (in its highly edited form).  The people of Waskom are very new to the fight to end abortion.  They cannot be blamed for the changes to the ordinance which are self-defeating or inconsistent.  We must be careful to praise them, to support them and to pray for them as the perfect media (and perhaps legal) storm is about to be released on them for simply trying to do the right thing.  They are doing what they are being advised to do by legal counsel that has experience arguing on the Supreme Court level and has experience working directly with sitting SCOTUS Justice Clarence Thomas.  Honestly, what are the odds that they are going to take the word of a bookselling pastor from Syracuse, New York over that pedigree?

I stand with Waskom, despite the problems in the ordinance.  I stand ready to assist them when they are ready to make changes.

MOTIVE

My motive had nothing whatever to do with trying to end Roe.  My motive had everything to do with trying to IGNORE Roe on the local level and to abolish abortion locally.  That must be the goal of every Sanctuary City for the Unborn in the United States.  The Supreme Court may go pound sand.  They abandoned their right to comment on the issue when they upheld Roe.  They have lost their moral authority.  Roe is an evil decision (not a law) that is responsible for the murder of more than 60 million babies in this country alone.

Based on Wisconsin’s response to the Fugitive Slave Act of 1850 and the precedent of the right of local municipalities to ignore Federal decisions on the Constitution (the repeal of the 19th Amendment in 1933), local municipalities have the right and responsibility to ignore murderous Supreme Court decisions.  When Roe is codified in U.S. law (it will be) they will be right to ignore that law as well.

 

A NOTE ON THE PROCESS

 

I have no legal training.  I am an idea guy on this Sanctuary City concept.  In God’s Sovereignty He has placed me in a position where I am speaking to activists across the nation who are addressing their city councils on the issue of abortion.  Therefore, when I wrote this ordinance, I did the only thing I could think of.  I took an existing ordinance in Waskom, a regulation of sexually oriented businesses, and re-wrote it to abolish abortion in Waskom.

We decided to write an official proclamation for the city as well.  This proclamation was unanimously voted on, without any changes.  The bulk of this document is from the resolution passed by Roswell, New Mexico.  I added the material on the Constitution and the final statement regarding the Texas legislature.

 

A RESOLUTION TO MAKE WASKOM, TEXAS A “SANCTUARY CITY FOR THE UNBORN”

 

WHEREAS, the Declaration of Independence, the founding document of the United States of America, states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness.”  Life being the first of these declared rights; and

WHEREAS, the preamble of the United States Constitutions “secure[s] all of the blessing of Liberty to ourselves and our ‘Posterity’”, which is defined as “Descendants; children, children’s children, etc. indefinitely…” and “in a general sense, succeeding generations…” (Webster’s American Dictionary of the English Language, 1828); and

WHEREAS, said Constitution states in the 14th Amendment, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (emphasis ours); and

WHEREAS, as recently as March 2017, the American College of Pediatricians published an Abstract stating that “The predominance of human biological research confirms that human life begins at conception – fertilization. At fertilization, the human being emerges genetically distinct, individuated zygotic living human organism, a member of the species Homo sapiens, needing only the proper environment to grow and develop. The difference between the individual in its adult state and in its zygotic state is one of form, not nature”; and

WHEREAS, each and every innocent human life is unique and precious to God; and

WHEREAS, human life begins at the moment of conception and continues, uninterrupted, until the moment of natural death; and

WHEREAS, innocent human life must always be protected and preserved; and

WHEREAS, the protection of all human life is important to the people of the City of Waskom; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF WASKOM, TEXAS, that we declare that innocent human life, including fetal life at every stage of gestation, must always be protected and that Society must protect those who cannot protect themselves.

BE IT FURTHER RESOLVED by the City Council that it declare its opposition to any compromise by the Texas Legislature on abortion.

 

The Original Ordinance Submitted to Waskom June 1, 2019

 

ORDINANCE ABOLISHING ABORTION WITHIN THE CITY OF WASKOM, MAKING VARIOUS PROVISIONS AND FINDINGS RELATED THERETO, PROVIDING FOR SEVERABILITY, REPEALING CONFLICTING ORDINANCES, AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, the City Alderman of the City of Waskom hereby finds that the United States Constitution has established the right of self-governance for local municipalities;

WHEREAS, surgical and chemical abortion is the ending of a human life, and is murder “with malice aforethought” since the baby in the womb has its own DNA, its own heartbeat and its own brainwaves;

WHEREAS, these babies are the most innocent among us and deserve equal protection under the law as any other member of our American posterity as defined by the United States Constitution;

WHEREAS, Texas SB-22 allows local municipalities the right to prohibit abortions within their municipalities;

WHEREAS, to protect the health and welfare of all residents within the City of Waskom, the City Council has found it necessary to abolish human abortion within the city limits.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WASKOM, TEXAS, THAT:

A.  Definitions

  1. “Abortion” means the death of a child as the result of action taken before or during the birth of the child with the intent to cause the death of the child.

(a)  Including chemical abortifacients such as the morning after pill, the RU-486 and the Plan B pill.

(b)  Including surgical abortions at any stage of pregnancy.

(c)  Including saline abortions at any stage of pregnancy.

(d)  NOT including accidental miscarriage which is an act of God.

  1. “Child” means a natural person from the moment of conception until 18 years of age.
  2. “Pre-born child” means a natural person from the moment of conception who has not yet left the womb.
  3. “Abortionist” means any person, medically trained or otherwise, who causes the death of the child in the womb.

(a)  Including obstetrics\gynecologists medical professionals who perform abortions of any kind for any reason.

(b)  Including any other medical doctor who performs abortions of any kind for any reason.

(c)  Including any nurse practitioner who performs abortions of any kind for any reason.

(d)  Including any personnel from Planned Parenthood who perform abortions of any kind for any reason.

(e)  Including any remote personnel who instructs abortive women to perform self-abortions at home via internet connection.

(f)  Including any pharmacist or pharmaceutical worker who sells chemical or herbal abortifacients.

  1. “City” shall mean the city of Waskom, Texas.
  2. “Person” shall mean an individual, partnership, corporation or other entity including the preborn child inside of the womb upon gestation.
  3. “Residential area” shall mean a single family, duplex, townhouse, multiple family or mobile home district or where any one has a home in which they live.
  4. “Residential use” shall mean a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground used as a residence.
  5. “Residence” shall mean a structure that is adapted for the overnight accommodation of persons, and includes:

(a)  Each separately secured or occupied portion of the structure; and

(b) Each structure appurtenant to or connected with the structure.

  1. “Pharmacy” shall mean a store where medicinal drugs are bought and sold, whether it be a physical storefront or an internet-based business.
  2. “Obstetrics\gynecologist” shall mean a medical practitioner who specializes in childcare and the care of women who are pregnant.
  3. “Chief” shall mean the Chief of Police in the City of Waskom or his designated agent.
  4. INTENT AND PURPOSE:
  5. It is the purpose of this ordinance to abolish human abortion and thereby promote the health, safety and general welfare of all the residents of the City; to protect and preserve the quality and character of the City and to prevent the building and operation of abortion clinics and services within the City.
  6. ABORTION BAN
  7. Abortion in all forms and at all stages of pregnancy are hereby banned in the City of Waskom, Texas.
  8. No business that intends to perform abortions of any kind may be built in the City of Waskom, Texas.
  9. No business may sell chemical abortifacients such as the morning after pill, RU-486, or the Plan B pill.
  10. No resident of Waskom, Texas may procure an abortion within the city limits.
  11. We declare Waskom, Texas to be a Sanctuary City for the Unborn.  It is a sanctuary from the unjust ruling of Roe v. Wade and preborn human life shall receive equal justice.

 

  1. ENFORCEMENT
  2. The Chief of Police, or his designee, shall have the power to administer and enforce the provisions of these regulations upon presentation of proper identification to the owner, agent or tenant in charge of any premises where an abortion is thought to have occurred.  The Chief of Police, or his designee, may enter for the purposes of inspection in investigation to insure compliance with the terms of this ordinance, any building, structure, or other premises where the accused abortion provider is located, at any time it is occupied.
  3. A person who provides abortions commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the City Secretary, their designee, or the Chief of Police at any time it is occupied.
  4. However, when the City Secretary, his/her designee, or the Chief of Police, or his/her designee, is denied permission to inspect any premises, inspection shall be made only under the authority of a warrant issued by a Magistrate authorizing the inspection for violation of this ordinance.  In applying for such a warrant, the Chief of Police, or his/her designee, shall submit an affidavit to the Magistrate setting forth his belief that a violation of this ordinance exists with respect to the premises sought to be inspected and the reasons for such belief.  If the Magistrate finds that probable cause exists for a search of the premises, such warrant describing the premises with sufficient certainty to identify the same.  A warrant so issued shall constitute authority for the Chief of Police, or his designee, to enter upon or inspect the premises described therein.
  5. UNLAWFUL ACTS:
  6. FALSE OR FRAUDULENT STATEMENTS—It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly conceal any material fact or to give or use any assumed name or fictitious name other than the one duly filed for record in compliance with the Assumed Business or Profession Name Act (Texas Business and Commerce Code Annotated, Chapter 36).
  7. IT SHALL BE A VIOLATION of this ordinance for any person to act as an abortionist in the City of Waskom, Texas.  To include obstetric\gynecologists, doctors, nurse practitioners, pharmacists and their staff,
  8. IT SHALL BE A VIOLATION of this ordinance for any person to procure an abortion in the City of Waskom, Texas.  This includes any pregnant mother and any father or other party who attempts to coerce a pregnant mother to have an abortion under duress.  This includes any form of abortion in any private residence or residential area.
  9. IT SHALL BE A VIOLATION of this ordinance for any person to strike a pregnant mother in such a way as to cause an abortion in the City of Waskom, Texas.
  10. IT SHALL BE A VIOLATION of this ordinance for any person inside of the city limits of Waskom, Texas to give instruction over the telephone, by use of the internet, or any other means regarding self-administered abortion.
  11. ENFORCEMENT AND INJUNCTON:

A person who performs, causes or coerces an abortion to be performed is subject to a suit for injunction as well as prosecution for criminal violations.

A person commits an offense if the person violates any provision or term of this ordinance.

  1. PENALTY.

That any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty, and upon conviction, shall be punished by a fine not less than One Billion Dollars ($1,000,000,000) for each offense, and each violation shall constitute a separate offense.

  1. EFFECTIVE DATE

This ordinance shall go into immediate effect upon majority vote within the Waskom, Texas City Council meeting.

 

OBSERVATIONS

Give me a break, it was my first attempt at this.

A local municipality does not have the right to bring penalty on capital crimes in Texas.  Therefore, it becomes an issue of a fine.  The problem in writing this is deciding what price you place on human life?  I went with a billion dollars because the figure was big enough to exceed the average medical malpractice insurance.  I believe the value of human life to be much higher.  The strengths of this ordinance as it stood was that it established the personhood of the baby in the womb from the point of fertilization, dealt with chemical abortion (the most common form), allowed for a very stiff penalty for abortion, and defined all forms of abortion as we know it right now as criminal acts.

The weaknesses were either legal or extraneous language lifted from the other ordinance.  Of course, the fact that abortion was not able to be prosecuted as murder by a city in Texas made it errant as well.

The Final Version of the Ordinance

ORDINANCE OUTLAWING ABORTION WITHIN THE CITY OF WASKOM, DECLARING WASKOM A SANCTUARY CITY FOR THE UNBORN, MAKING VARIOUS PROVISIONS AND FINDINGS RELATED THERETO, PROVIDING FOR SEVERABILITY, REPEALING CONFLICTING ORDINANCES, AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, the City Alderman of the City of Waskom hereby finds that the United States Constitution has established the right of self-governance for local municipalities;

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 brainwaves;

WHEREAS, these babies are the most innocent among us and deserve equal protection under the law as any other member of our American posterity as defined by the United States Constitution;

WHEREAS, the Supreme Court erred in Roe v. Wade, 410 U.S. 113 (1973), when it said that pregnant women have a constitutional right to abort their pre-born children, as there is no language anywhere in the Constitution that even remotely suggests that abortion is a constitutional right;

WHEREAS, constitutional scholars have excoriated Roe v. Wade, 410 U.S. 113 (1973), for its lack of reasoning and its decision to concoct a constitutional right to abortion that has no textual foundation in the Constitution or any source of law, see John Hart Ely, The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 Yale L.J. 920, 947 (1973) (“Roe v. Wade . . . is not constitutional law and gives almost no sense of an obligation to try to be.”); Richard A. Epstein, Substantive Due Process By Any Other Name: The Abortion Cases, 1973 Sup. Ct. Rev. 159, 182 (“It is simple fiat and power that gives [Roe v. Wade] its legal effect.”); Mark Tushnet, Red, White, and Blue: A Critical Analysis of Constitutional Law 54 (1988) (“We might think of Justice Blackmun’s opinion in Roe as an innovation akin to Joyce’s or Mailer’s. It is the totally unreasoned judicial opinion.”);

WHEREAS, Roe v. Wade, 410 U.S. 113 (1973), is a lawless and illegitimate act of judicial usurpation, which violates the Tenth Amendment by trampling the reserved powers of the States, and denies the people of each State a Republican Form of Government by imposing abortion policy through judicial decree;

WHEREAS, the recent changes of membership on the Supreme Court indicate that the pro-abortion justices have lost their majority;

WHEREAS, to protect the health and welfare of all residents within the City of Waskom, including the unborn, the City Council has found it necessary to outlaw human abortion within the city limits.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WASKOM, TEXAS, THAT:

A.  DEFINITIONS

  1. “Abortion” means the death of a child as the result of purposeful action taken before or during the birth of the child with the intent to cause the death of the child. This includes, but is not limited to:

(a)  Chemical abortions caused by the morning-after pill, mifepristone (also known as RU-486), and the Plan B pill.

(b)  Surgical abortions at any stage of pregnancy.

(c)  Saline abortions at any stage of pregnancy.

(d)  Self-induced abortions at any stage of pregnancy.

The term “abortion” does NOT include accidental miscarriage.

  1. “Child” means a natural person from the moment of conception until 18 years of age.
  2. “Pre-born child” means a natural person from the moment of conception who has not yet left the womb.
  3. “Abortionist” means any person, medically trained or otherwise, who causes the death of the child in the womb. This includes, but is not limited to:

(a)  Obstetricians/gynecologists and other medical professionals who perform abortions of any kind for any reason.

(b)  Any other medical doctor who performs abortions of any kind for any reason.

(c)  Any nurse practitioner who performs abortions of any kind for any reason.

(d)  Any personnel from Planned Parenthood or other pro-abortion organizations who perform abortions of any kind for any reason.

(e)  Any remote personnel who instruct abortive women to perform self-abortions at home via internet connection.

(f)  Any pharmacist or pharmaceutical worker who sells chemical or herbal abortifacients.

  1. “City” shall mean the city of Waskom, Texas.
  2. DECLARATIONS
  3. We declare Waskom, Texas to be a Sanctuary City for the Unborn.
  4. 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.
  5. Organizations that perform abortions and assist others in obtaining abortions are declared to be criminal organizations. These organizations include, but are not limited to:

(a) Planned Parenthood and any of its affiliates;

(b) Jane’s Due Process;

(c) The Afiya Center;

(d) The Lilith Fund for Reproductive Equality;

(e) NARAL Pro-Choice Texas;

(f) National Latina Institute for Reproductive Health;

(g) Whole Woman’s Health and Whole Woman’s Health Alliance;

(h) Texas Equal Access Fund;

  1. The Supreme Court’s rulings and opinions in Roe v. Wade, 410 U.S. 113 (1973), Planned Parenthood v. Casey, 505 U.S. 833 (1992), Stenberg v. Carhart, 530 U.S. 914 (2000), Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), and any other rulings or opinions from the Supreme Court that purport to establish or enforce a “constitutional right” to abort a pre-born child, are declared to be unconstitutional usurpations of judicial power, which violate both the Tenth Amendment the Republican Form of Government Clause, and are declared to be null and void in the City of Waskom.
  2. UNLAWFUL ACTS
  3. ABORTION — It shall be unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the City of Waskom, Texas.
  4. AIDING OR ABETTING AN ABORTION — It shall be unlawful for any person to knowingly aid or abet an abortion that occurs in the City of Waskom, Texas. This includes, but is not limited to, the following acts:

(a) Knowingly providing transportation to or from an abortion provider;

(b) Giving instructions over the telephone, the internet, or any other medium of communication regarding self-administered abortion;

(c) Providing money with the knowledge that it will be used to pay for an abortion, or the costs associated with procuring an abortion;

(d) Coercing a pregnant mother to have an abortion against her will.

  1. AFFIRMATIVE DEFENSES — It shall be an affirmative defense to the unlawful acts described in Sections C.1 and C.2 if the abortion was:

(a) In response to a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.

(b) In response to a pregnancy caused by an act of rape, sexual assault, or incest that was reported to law enforcement;

The defendant shall have the burden of proving these affirmative defenses by a preponderance of the evidence.

  1. CAUSING AN ABORTION BY AN ACT OF RAPE, SEXUAL ASSAULT, OR INCEST — It shall be unlawful for any person to cause an abortion by an act of rape, sexual assault, or incest that impregnates the victim against her will and causes her to abort the pre-born child.
  2. PROHIBITED CRIMINAL ORGANIZATIONS — It shall be unlawful for a criminal organization described in Section B.3 to operate within the City of Waskom, Texas. This includes, but is not limited to:

(a) Offering services of any type within the City of Waskom, Texas;

(b) Renting office space or purchasing real property within the City of Waskom, Texas;

(c) Establishing a physical presence of any sort within the City of Waskom, Texas;

  1. PUBLIC ENFORCEMENT
  2. Neither the City of Waskom, nor any of its officers or employees, nor any district or county attorney, nor any executive or administrative officer or employee of any state or local governmental entity, shall take any steps to enforce this ordinance against a person or entity that commits an unlawful act described in Section C, unless and until the Supreme Court overrules Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood v. Casey, 505 U.S. 833 (1992), and permits states and municipalities to once again enforce abortion prohibitions.
  3. If (and only if) the Supreme Court overrules Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood v. Casey, 505 U.S. 833 (1992), a person who commits an unlawful act described in Section C shall be subject to the maximum penalty permitted under Texas law for the violation of a municipal ordinance governing public health, and each violation shall constitute a separate offense.

Provided, that no punishment shall be imposed upon the mother of the pre-born child that has been aborted.

  1. If (and only if) the Supreme Court overrules Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood v. Casey, 505 U.S. 833 (1992), a corporation or entity that commits an unlawful act described in Section C shall be subject to the maximum penalty permitted under Texas law for the violation of a municipal ordinance governing public health, and each violation shall constitute a separate offense.
  2. PRIVATE ENFORCEMENT
  3. A person or entity that commits an unlawful act described in Section C.1 or C.2, other than the mother of the pre-born child that has been aborted, shall be liable in tort to any surviving relative of the aborted pre-born child, including the child’s mother, father, grandparents, siblings or half-siblings, aunts, uncles, or cousins. The person or entity that committed the unlawful act shall be liable to each surviving relative of the aborted pre-born child for:

(a) Compensatory damages, including damages for emotional distress;

(b) Punitive damages; and

(c) Costs and attorneys’ fees.

There is no statute of limitations for this private right of action.

  1. Any private citizen may bring a qui tam relator action against a person or entity that commits or plans to commit an unlawful act described in Section C, and may be awarded:

(a) Injunctive relief;

(b) Statutory damages of not less than two thousand dollars ($2,000.00) for each violation, and not more than the maximum penalty permitted under Texas law for the violation of a municipal ordinance governing public health; and

(c) Costs and attorneys’ fees;

Provided, that no damages or liability for costs and attorneys’ fees may be awarded or assessed against the mother of the pre-born child that has been aborted. There is no statute of limitations for this qui tam relator action.

  1. No qui tam relator action described in Section E.2 may be brought by the City of Waskom, by any of its officers or employees, by any district or county attorney, or by any executive or administrative officer or employee of any state or local governmental entity.
  2. SEVERABILITY
  3. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion the United States Supreme Court held that an explicit statement of legislative intent is controlling, it is the intent of the City Council that every provision, section, subsection, sentence, clause, phrase, or word in this ordinance, and every application of the provisions in this ordinance, are severable from each other. If any application of any provision in this ordinance to any person, group of persons, or circumstances is found by a court to be invalid or unconstitutional, then the remaining applications of that provision to all other persons and circumstances shall be severed and may not be affected. All constitutionally valid applications of this ordinance shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the City Council’s intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of this ordinance to impose an undue burden in a large or substantial fraction of relevant cases, the applications that do not present an undue burden shall be severed from the remaining provisions and shall remain in force, and shall be treated as if the City Council had enacted an ordinance limited to the persons, group of persons, or circumstances for which the statute’s application does not present an undue burden. The City Council further declares that it would have passed this ordinance, and each provision, section, subsection, sentence, clause, phrase, or word, and all constitutional applications of this ordinance, irrespective of the fact that any provision, section, subsection, sentence, clause, phrase, or word, or applications of this ordinance, were to be declared unconstitutional or to represent an undue burden.
  4. If any provision of this ordinance is found by any court to be unconstitutionally vague, then the applications of that provision that do not present constitutional vagueness problems shall be severed and remain in force, consistent with the declarations of the City Council’s intent in Section F.1
  5. No court may decline to enforce the severability requirements in Sections F.1 and F.2 on the ground that severance would “rewrite” the ordinance or involve the court in legislative activity. A court that declines to enforce or enjoins a city official from enforcing a subset of an ordinance’s applications is never “rewriting” an ordinance, as the ordinance continues to say exactly what it said before. A judicial injunction or declaration of unconstitutionality is nothing more than a non-enforcement edict that can always be vacated by later courts if they have a different understanding of what the Constitution requires; it is not a formal amendment of the language in a statute or ordinance. A judicial injunction or declaration of unconstitutionality no more “rewrites” an ordinance than a decision by the executive not to enforce a duly enacted ordinance in a limited and defined set of circumstances.
  6. If any federal or state court ignores or declines to enforce the requirements of Sections F.1, F.2, or F.3, or holds a provision of this ordinance invalid on its face after failing to enforce the severability requirements of Sections F.1 and F.2, for any reason whatsoever, then the Mayor shall hold delegated authority to issue a saving construction of the ordinance that avoids the constitutional problems or other problems identified by the federal or state court, while enforcing the provisions of the ordinance to the maximum possible extent. The saving construction issued by the Mayor shall carry the same force of law as an ordinance; it shall represent the authoritative construction of the ordinance in both federal and state judicial proceedings; and it shall remain in effect until the court ruling that declares invalid or enjoins the enforcement of the original provision in the ordinance is overruled, vacated, or reversed.
  7. The Mayor must issue the saving construction described in Section F.4 within 20 days after a judicial ruling that declares invalid or enjoins the enforcement of a provision of this ordinance after failing to enforce the severability requirements of Sections F.1 and F.2. If the Mayor fails to issue the saving construction required by Section F.4 within 20 days after a judicial ruling that declares invalid or enjoins the enforcement of a provision of this ordinance after failing to enforce the severability requirements of Sections F.1 or F.2, or if the Mayor’s saving construction fails to enforce the provisions of the ordinance to the maximum possible extent permitted by the Constitution or other superseding legal requirements, as construed by the federal or state judiciaries, then any person may petition for a writ of mandamus requiring the Mayor to issue the saving construction described in Section F.4.
  8. EFFECTIVE DATE

This ordinance shall go into immediate effect upon majority vote within the Waskom, Texas City Council meeting.

EVALUATION

Before I examine the problems with the bill from an abolitionist perspective, let’s look at the strengths.  There are several.

1.  The ordinance very clearly spells out the personhood of the baby in the womb and defines abortion as murder.

  1. The ordinance spells out that the baby in the womb deserves “equal protection” under the law. Unfortunately, it does not deliver on this statement.3.  The ordinance spells out in detail why Roe v. Wade is, “…a lawless and illegitimate act of judicial usurpation, which violates the Tenth Amendment by trampling the reserved powers of the States, and denies the people of each State a Republican form of government by imposing abortion policy through judicial decree.”

    4.  The ordinance very clearly bans all forms of abortion as we have it right now, including chemical abortions.

    5.  The ordinance declares well-known abortion providers as “criminal organizations” and bans them from the City of Waskom.  It does not allow these organizations to have any sort of presence in Waskom.

  2. The ordinance makes driving an abortive mother to a clinic, giving remote instructions on self-abortion, knowingly paying for an abortion or coercing a woman to have an abortion against her will as crimes.
  3. The ordinance would allow family members the right to sue the abortive woman for compensatory damages, punitive damages and costs. There would be no statute of limitation on such lawsuits.8.  The ordinance goes into effect the same day that the City Council approves it.  It is in force now.

    As strong as the language is in places, the weaknesses of the ordinance are glaring and counter-productive.  If the ordinance is passed and meets all legal challenges, it still leaves the door open for: 1) the regulation of abortion and 2) the potential codifying of abortion on the same basis in which Roe v. Wade was enacted in the first place.

WEAKNESSES

  1. The ordinance contradicts itself flatly. It states, “WHEREAS, these babies are the most innocent among us and deserve equal protection under the law as any other member of our American posterity as defined by the United States Constitution” on page 1.  It then neglects to give any criminal penalty for the abortive mother.  How exactly is this, “…equal protection under the law”?  People outside of the womb have their day in court if they are murdered.  These babies will not in the case of the woman who paid the hit-man to do the job.2.  The ordinance includes a section called “Affirmative Defenses.”  In other words, defenses for those who the ordinance defines as murderers.   What murders are allowable in this ordinance?  Well, it’s the usual cast of characters for a typically pro-life piece of legislation.  The ordinance has exceptions for the health of the mother and for rape\incest which is reported to law enforcement.

Besides the fact that the “health of the mother” exception is a medical fallacy and that the justice of allowing babies to be summarily executed for the crime of their fathers is reprehensible at best, there is another reason that these exceptions are counter-productive.   These exceptions are what GAVE us Roe v. Wade in 1973.  And they gave us these exceptions in familiar territory.  Texas.

If you research the judicial finding of the Roe v. Wade decision, it was these exceptions, before abortion on demand was wrongly considered Constitutional, that opened the door for the Supreme Court to support abortion.  Roe claimed to be a rape victim.

So here is the irony. Imagine legal counsel trying to write an ordinance that could challenge Roe while allowing the exceptions that GAVE us Roe to remain in the ordinance!  I may not be legally trained, but am I the only one who sees a problem here?  Texas is an open carry State, so it ought to know a little something about the dangers of shooting oneself in the foot.  Apparently not, in this case.

There was an attempt to strengthen the “health of the mother” exception by demanding that a physician testify that the abortion is needed to save the life of the mother.   Medically, abortion is not required to save the life of the mother, but the delivery of the baby will save it.  You don’t have to murder the baby to save the mom’s life.  Presumably, no physician would testify that the abortion was necessary.  Presumably.  Of course, there are physicians who are pro-choice and who ignore the facts to arrive at their position.  This proviso is no guarantee of a guilty verdict in such a case.

The rape exception as an affirmative defense is morally repugnant.  Despicable.  Immoral.  It boils down to this: when do you execute a child for the crime of the father?  In Waskom, you do it when the father is a rapist.  How is such an exception a comfort to an abortive mother?  Murdering a son or a daughter is not therapeutic.

Regarding the rape exception, the fact that abortion in cases where rapes are NOT reported to law enforcement, you have a strange moral\legal quagmire since most rapes are not reported for a variety of reasons, one of which is the disbelief of law enforcement and the shame of reporting a rape when they are reported at all.  Rather than further muddy this morally clear issue, it can be removed altogether by removing the rape exception.

2.  While I am glad that the ordinance allows for some lawsuits for those involved, I cannot agree with making them contingent upon the overturning of Roe and retroactive.  Neither can I agree with the idea that the abortive mother is the victim in abortion, which is assumed with this exception to enforcement.  The victim is the one that does not come out of the abortion clinic or the womb after the appointment.  Anyone who has spent any time in front of an abortion clinic doing sidewalk ministry knows that the women who go there are not victims most of the time.  Yes, there are those who are brought there by coercive boyfriends and husbands.  There are those who are brought there by their pimps and forced to have an abortion under duress.

Most abortive women, more than 90%, are there because of issues of convenience.  Their lives are not threatened.  They have not been raped.  They have not been coerced.  Equal justice means giving equal justice to the true victims of abortion—the dead babies.

This weakness is bolstered, but only slightly, by allowing lawsuits against the abortive mother in the meantime.  Yet it is not just.  Justice would require equal penalty for the crime.  We do not limit justice to suing murderers.

In addition to being unjust, it presupposes an authority that a Supreme Court decision does not have.  Roe v. Wade is not law.  It is a legal decision.  It has no authority in a town in Texas which wants to outlaw abortion.  The City Council of Waskom has the right and duty of rejecting Roe.

A WORD TO ABOLITIONISTS

Like you, those of us who have been working to persuade Waskom to abolish human abortion are disappointed with the finalized ordinance.  We worked hard, late into the night, and under much stress.  We pled with the legal counsel and the city council to do the right thing.  Yet this is where we are.

Where do we go from here?  We could abandon the city in bitterness and discouragement.  We do not believe that is acceptable for several reasons.  First, we promised we would stand with them in this fight.  We cannot go back on our word.  Second, we have a door of opportunity here to educate the people of Waskom on the Biblical principles of interposition and the doctrine of the lesser magistrate.  Third, we have an opportunity to spread those same concepts far and wide through the media circus that has already begun.

The legal counsel that Waskom is following is qualified from a typical SCOTUS adhering philosophy.  He is so well qualified that I think that people will be surprised when they find out who he is.  However, we recognize that he is deeply entrenched in the lie of judicial supremacy.  He is doing what he has been trained to do, at a very high level.  While we respect his experience, we do not agree on a presuppositional level.

You can state that this is compromise and that we are not true abolitionists.  If you do, you are ignoring the facts of the case.  God has Sovereignly placed us in this position, and we plan on using the opportunity He has given to spread the message of abolition throughout the country.

Conclusion

The people of Waskom, Texas have shown unusual courage and resolve.  They are not only willing to make a proclamation, but they are willing to back it up with real law at their own risk.  Ultimately, it is up to them to decide what they wish to do.  It is not up to activists from New York or lawyers aspiring to positions in Washington, D.C.  It is up to the people.  They can instruct their legal counsel to do as they wish, not as he wishes.  In order to do that, it is a matter of education on the issues that gave us Roe in the first place.  I hope that there is ample opportunity to educate the good people of Waskom on principles of abolition.  It is not too late.

Jon Speed

Pastor, Christ is King Baptist Church (Syracuse, NY)

Co-Producer, Babies Are Murdered Here

Co-Signed

Rusty Thomas (Operation Rescue\Operation Save America)

 

 

 

Three Days of Prophetic Prayer and Fasting for Milwaukee, WI.
July 8th- 10th, 2019
Operation Save America is gearing up for our next great adventure in serving the Lord. From July 13-20, 2019 saints from across America, coupled with the local church in Milwaukee will participate in Operation Save America’s national event, Complete the Work.
To help prepare the way of the Lord as we set our face like flint towards Milwaukee, we are consecrating three days for prayer and fasting. This call is sent out to those who are coming and to those who cannot make it, but are with us in spirit. This special time, set apart, is extremely important as we seek to advance the Gospel of the Kingdom against the gates of hell. We must obtain God’s blessing, favor, and an open heaven to achieve Kingdom success.
The book of Acts reveals that before the Holy Spirit came in power, the people of God were in one accord. We know from scripture and from experience that when God’s people get lost in the vision and mission of God, unity commands a blessing and that blessing is “life forevermore” (Psalms 133). Unity is not a goal obtained by pursuing it, but rather a gift, that God grants His people who obey Him.
We also understand the church cannot win this battle in the arm of the flesh. It is the anointing that destroys the yoke. “Not by might nor by power, but by my Spirit, says the LORD Almighty” (Zechariah 4:6). The same Holy Spirit that empowered the early church to face and overcome the evil of their day, is the same Holy Spirit we need to do the same in our day.
The Apostle Paul declared, “And my speech and my preaching were not with persuasive words of human wisdom, but in demonstration of the Spirit and of power, that your faith should not be in the wisdom of men but in the power of God” (1 Corinthians 2:4, 5). If the Apostle Paul needed this empowerment to be effectual, how much more do we?
Moreover, we need to employ every spiritual weapon and godly principle God has granted His people to be effectual in His service. Most of you know that when we “take it to the streets,” we incorporate the high praises of God, the intimate worship of God, prayers, intercessions, and the blessed proclamation of the Gospel of the Kingdom. As we do these things, we trust that God will watch over His Word to perform it, with mighty signs and wonders following (Jeremiah 1:12; Mark 16:20).
To add to this arsenal, it is vital to include the prayer of agreement. “Again I say unto you, that if two of you shall agree on earth as concerning anything that they ask, it will be done for them by My Father in heaven. For where two or three are gathered together in My name, I am there in the midst of them” (Matthew 18:19-20).
To help fulfill this admonishment from our Lord, we have put together a prayer guide based upon the book of Psalms. Historically, the book of Psalms has served as the hymnal and prayer guide of the church. It covers the gamut of human endeavors, human emotion, and human predicaments as it relates to God and His will on the earth. It ranges from high exaltation of praise, deep sorrow, cries of justice against God’s enemies, and celebration of great victories.
Practically, there are 150 Psalms that we will divide into three days; 50 Psalms each day. We took one or two key verses from each of the Psalms to use them as an inspiration to guide our prayers. 1 John reminds us of the importance of praying God’s Word. 1 John 5:14, 15 states, “Now this is the confidence that we have in Him, that if we ask anything according to His will, He hears us. And if we know that He hears us, whatever we ask, we know that we have the petitions that we have asked of Him.” Just know, you are not limited by these scriptural references, but I would encourage you to use the book of Psalms as your guide during this appointed time of prayer and fasting.
There is another key point as you begin this journey. One aspect of true intercession means “to take the place of.” God’s Word admonishes us to be a voice for the voiceless (Proverbs 31:8, 9). This we intend to do on the streets of Milwaukee. This time of prayer and fasting, however, will also be utilized to be the voice of the preborn. The preborn cannot pray for their plight, but we can. This kind of intercession will prayerfully prepare the way to intervene and save their lives. Some of the Psalms chosen capture the cry of the oppressed that desperately need God’s intervention. Use these Scriptures to provide the cry on the behalf of the preborn. In other words, if you were in their predicament, how would you pray?
Initially, the plan was to copy and paste the Scriptures to provide easy access to pray. The plan changed. It would be more beneficial, if we took the time to look up these Scriptures, meditate upon them, and then incorporate them into prayer. We pray the Lord grant the grace and time needed to fulfill these three days of consecrated prayer and fasting. May we also see the results of this special time manifested throughout Milwaukee as we go to stand in the gap and make up the hedge in Jesus’ name!
Day One (Psalms 1-50)
Psalm 1:6; Psalm 2:10-12; Psalm 3:7-8; Psalm 4:2; Psalm 5:11; Psalm 6:4; Psalm 7:1-2 and 9; Psalm 8:2; Psalm 9:3 and 9; Psalm 10:8 and 14; Psalm 11:5 and 6; Psalm 12:5; Psalm 13:1-2; Psalm 14:7; Psalm 15:5; Psalm 16:1; Psalm 17:8-9; Psalm 18:3; Psalm 19:7-9; Psalm 20:6-8; Psalm 21:4; Psalm 22:20; Psalm 23:4; Psalm 24:7; Psalm 25:19-20; Psalm 26:9-10; Psalm 27:1, 2, 10, 12; Psalm 28:1-3; Psalm 29:11; Psalm 30:1-3; Psalm 31:20; Psalm 32:7; Psalm 33:10-12; Psalm 34:16-18; Psalm 35:1-9; Psalm 36:11-12; Psalm 37:9-15; 32-33; 35-36; Psalm 38:12; Psalm 39:12-13; Psalm 40:13-14; Psalm 41:1-2; Psalm 42:1-3, 9-11; Psalm 43:1; Psalm 44:23-26; Psalm 45:7; Psalm 46:10; Psalm 47:3; Psalm 48:9-10; Psalm 49:15; Psalm 50:15, 23.
Day Two (Psalms 51-100)
Psalm 51:10-14; 17; Psalm 52:4; Psalm 53:6; Psalm 54:1-7; Psalm 55: 16; Psalm 56:1-2; Psalm 57:6; Psalm 58:6-7; Psalm 59:1-2; Psalm 60:11-12; Psalm 61:1-2; Psalm 62:7-8; Psalm 63: 10-11; Psalm 64:2-8; Psalm 65:2; Psalm 66:3; Psalm 67:1-4; Psalm 68:1-2; Psalm 69:14-15; Psalm 70:1-2; Psalm 71:4; Psalm 72:12-14; Psalm 73:17-19; Psalm 74:22-23; Psalm 75:10; Psalm 76:10-12; Psalm 77:9; Psalm 78:58; Psalm 79:5-13; Psalm 80:3; Psalm 81:13-14; Psalm 82:4; Psalm 83:1-3; Psalm 84:9-11; Psalm 85:4-5; Psalm 86:14-16; Psalm 87:5; Psalm 88:2-3; Psalm 89:13-18; Psalm 90:17; Psalm 91:11-12; Psalm 92:12-15; Psalm 93:5; Psalm 94:20-23; Psalm 95:8-9; Psalm 96:13; Psalm 97:3, 5, 10; Psalm 98:1; Psalm 99:4; Psalm 100:3.
Day Three Psalms 101-150
Psalm 101:8; Psalm 102:19-20; Psalm 103:6; Psalm 104:35; Psalm 105:15; Psalm 106:37-41; Psalm 107:20; Psalm 108:13; Psalm 109:30-31; Psalm 110:1-3; Psalm 111:7-8; Psalm 112:1-2; Psalm 113:7-9; Psalm 114:7; Psalm 115:1; Psalm 116:3-4; Psalm 117; Psalm 118:17; Psalm 119:126; Psalm 120:1; Psalm 121:7-8; Psalm 122:3-5; Psalm 123:3-4; Psalm 124:6-8; Psalm 125:2; Psalm 126:5-6; Psalm 127:3-5; Psalm 128:3-4; Psalm 129:4; Psalm 130:4; Psalm 131:3; Psalm 132:8-9; Psalm 133:3; Psalm 134:1; Psalm 135:8-10; Psalm 136:1; Psalm 137:7; Psalm 138:7; Psalm 139:13-16; 23-24; Psalm 140:1-4; Psalm 141:9-10; Psalm 142:6; Psalm 143:12; Psalm 144:11-12; Psalm 145:4; Psalm 146:7-9; Psalm 147:6; Psalm 148:1, 11; Psalm 149:6-7; Psalm 150:6.
PS: Don’t forget to sign up to be a part of the prayer team while in Milwaukee. Go to this website and sign up for a couple of slots. Our desire is to saturate our labor in the Lord with much prayer. Thank you!

History was made tonight in Waskom, Texas. Here is a brief report. Tonight this little city packed their city hall to address and vote on a resolution and ordinance that would make Waskom, TX a sanctuary city for the preborn.

It was electrifying. The city was out in force and they meant Kingdom business. As the messages went forth to encourage the city council to do their duty, their was applause, shouts, and cheers filling the room. The city is definitely behind this all the way.

The ordinance we initially presented to this city was rock solid. It was an ordinance of abolition. The city knew it would be challenged. This left them with a problem. They do not have deep pockets to defend their city. A lawyer of reputation stepped in and promised to defend the city.

This person wants to take this city ordinance all the way to the Supreme Court with the purpose of overturning Roe. When he went over the ordinance, in some ways he strengthened it, but he did include some exceptions for the purpose of going after the Supreme Court.

At the city council meeting tonight, I strenuously challenged them to take out the exceptions and completely shut every opening to baby murder, and refuse to answer to any court. They went with the ordinance as the lawyer presented it to them.

The good is they passed a resolution that is rock solid by unanimous decision to make their city a sanctuary city for the preborn. This makes history in Texas. They also passed the first ordinance in the nation to make their city a sanctuary city by law. Once again, it was by unanimous vote. This has made national history.

Though it is not all that we had worked for, it did go farther than any other city in our nation. The big take away from this is we now know the strengths of city ordinances and their weaknesses. Prayerfully, as we move forward to end this holocaust other cities, counties, and states will shut all doors, ignore Roe, establish justice, and abolish all abortion now in Jesus’ name!

BTW, the media that covered the story placed a link the message I preached at First Baptist Church in Waskom. May God’s truth march on conquering every foe.

#sanctuarycityforthepreborn
#abolishabortion
#endabortionnow
#OSA

By God’s grace, I just finished the rough draft of our newest booklet, Christ’s Kingdom, the Doctrine of Satan, and the Abolition of Abortion. I just sent it to my printer to edit, add graphics, illustrations, and caption boxes that will highlight certain truths and Biblical principles.

The picture is the book cover. The man/snake on the bottom represented the tyranny of England inspired by Satan. Scotland broke the chain and was set free. Using Genesis 3:15 in which the enemy bruised the heel of Messiah, but Jesus crushed his head, Scotland duplicated that victory in their nation. Would to God it happen in America soon.

I hope to have this booklet available for our national event in Milwaukee, WI from July 13-20th, 2019. I pray God uses it for the good of many and helps to equip the church in this battle for the souls of men, the lives of children, and the future of our blood stained, perverted land.

Just got done last night delivering God’s mail to the city of Waskom, TX. If they can muster the political will and the moral courage, they could make redemptive history in the just cause to end the American holocaust. Please pray for them as they seek to make their city a sanctuary city for the preborn.

This message was preached at the First Baptist Church in Waskom, TX. This church is leading the charge to defend their city. Again, pray for them to stay the course and do not flinch in the face of adversity.

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