LUBBOCK, Texas– In July, a Levelland couple filed a petition in hopes of a Texas judge would declare abortion is still technically a crime, according to court records. Recently, the defendants including the Lilith Fund for Reproductive Equity moved the lawsuit from state court in Hockley County to federal court in Lubbock.
In short, the couple — Heath Morris and Judy Morris — said the court case Roe v. Wade (and the United States Supreme Court’s opinion in that case) did not rewrite Texas law.
The couple does not seek money. Instead, they want a declaration that abortion is still a crime in Texas (even though it cannot be prosecuted because of Roe v Wade) and more specifically, “It is therefore truthful (and non-defamatory) to describe organizations that aid and abet elective abortions in Texas as engaged in ‘criminal’ behavior.”
The Lilith Fund, Texas Equal Access Fund and the Afiya Center have not filed an official answer. They did, however, file a motion to dismiss the claims. They raise some legal technicalities including the idea that these questions are pending in a completely different lawsuit on the other side of the state (Lilith Fund v Mark Lee Dickson).
The federal judge in Lubbock could keep the case or send it back to state court in Hockley County.
CLICK HERE to read the original petition filed in Hockley County.