Sometimes, an isolated incident reminds us of a fundamental principle we may have forgotten.
The Incident: Local Sanctuaries
Waskom, Texas, in June 2019, voted to declare itself a “sanctuary city for the unborn.” Taking the “sanctuary city” language liberal cities have used to abet illegal immigrants, the council of this town of about 2,200 voted unanimously to prohibit abortion within their city limits. At that time, Roe v. Wade (1973) had not yet been overruled, and Texas had not yet adopted its strict abortion law. But Waskom stepped out on its own, taking a stand for what its citizens believed to be right. Citizens recognized that they could face lawsuits over this ordinance, but as local media said, “They say God will take care of them.”
And He did. Waskom has faced no lawsuits over this ordinance, and now that Dobbs v. Jackson (2022) has overruled Roe v. Wade and Texas has adopted strict abortion laws, Waskom is no longer a likely target. But the city is to be commended for stepping up and taking a stand.
A few months earlier, in March 2019, the City of Roswell, N.M., declared itself a “Second Amendment Sanctuary City,” supporting its local law enforcement in their refusal to enforce any unconstitutional firearms laws. The city also passed a resolution declaring itself a sanctuary city for the preborn, declaring “that innocent human life, including fetal life, must always be protected and that society must protect those who cannot protect themselves.
And many cities have followed their lead, declaring themselves sanctuary cities for the preborn, as the following list from the Concho Valley Homepage records:
- Waskom, Texas (June 11th, 2019)
- Naples, Texas (Sept. 9th, 2019)
- Joaquin, Texas (Sept. 17th, 2019)
- Tenaha, Texas (Sept. 23rd, 2019)
- Gilmer, Texas (Sept. 24th, 2019)
- Westbrook, Texas (Nov. 18th, 2019)
- Rusk, Texas (Jan. 9th, 2020)
- Colorado City, Texas (Jan. 14th, 2020)
- Gary City, Texas (Jan. 16th, 2020)
- Big Spring, Texas (Jan. 14th, 2020)
- Wells, Texas (Feb. 10th, 2020)
- Whiteface, Texas (March 12th, 2020)
- East Mountain, Texas (July 20th, 2020)
- New Home, Texas (Sept. 29th, 2020)
- Morton, Texas (Oct. 12th, 2020)
- Ackerly, Texas (Dec. 1st, 2020)
- Grapeland, Texas (Jan. 25th, 2021)
- Goldsmith, Texas (Feb. 10th, 2021)
- Carbon, Texas (Feb. 22nd, 2021)
- Gorman, Texas (March 4th, 2021)
- Murchison, Texas (March 9th, 2021)
- Latexo, Texas (March 15th, 2021)
- Hayes Center, Nebraska (April 6th, 2021)
- Blue Hills, Nebraska (April 13th, 2021)
- Lubbock, Texas (May 1st, 2021)
- Abernathy, Texas (May 10th, 2021)
- Poynor, Texas (May 11th, 2021)
- Lebanon, Ohio (May 25th, 2021)
- Levelland, Texas (May 17th, 2021)
- Sundown, Texas (June 8th, 2021)
- Sterling City, Texas (June 21st, 2021)
- Centerville, Texas (July 7th, 2021)
- Eastland, Texas (August 4th, 2021)
- Leona, Texas (August 9th, 2021)
- Crawford, Texas (August 10th, 2021)
- Brownsboro, Texas (August 16th, 2021)
Why is there no Alabama city on this list? Yes, Alabama has one of the most restrictive abortion laws in the nation, but it leaves a loophole for chemical abortions because, even though they may be illegal, the mother cannot be prosecuted, so the law seems unenforceable, and babies are unprotected against the majority of abortions. Perhaps this is the time for counties and cities to step in and exercise their police power over abortion.
The Principle: Decentralized Government Usually Works Best
To paraphrase George Washington, in foreign policy, we are one nation; in domestic policy, we are 13 (now 50) nations. State governments are closer to the people and more responsive to the unique needs of their states. Likewise, city and county governments are closer to the people than are the state governments.
The Framers of the 1901 Alabama Constitution wisely created a strong legislature as a barrier against both intrusive federal policies and irresponsible local populist movements. But we should not overlook or underestimate the role local government can play in protecting us against evils or against encroachments upon our rights.
If public libraries are displaying semi-pornographic materials and public schools are teaching immoral concepts to our children, our first thought is to go to the state boards or the state legislature. But don’t overlook city councils, county boards, and other local officials.
If the legislature does not act quickly enough to stop chemical abortion, take the issue to local officials.
The 2025 Alabama Legislature adopted HB445, which restricts hemp products, but many believe it did not go far enough in restricting a very dangerous drug. Cities and counties can go much further; for example, they can pass moratoriums on stores that sell hemp or vape products.
If the federal government imposes unconstitutional firearms restrictions and Alabama doesn’t interpose to protect our Second Amendment rights, local governments may interpose by declaring their communities “gun sanctuary zones” in which unconstitutional firearms restrictions will not be enforced.
Granted, local governments might be more limited in their ability to detect, investigate and prosecute these matters. But politics begins at the local level. Sometimes we conservative Christians get so focused on the presidency, Congress, and the Supreme Court that we forget the importance of local government. Local government typically reflects the views and values of its constituents more accurately than those in Montgomery or Washington. They are an important ally, and we shouldn’t forget or neglect them.
Colonel Eidsmoe serves as Professor of Constitutional Law for the Oak Brook College of Law & Government Policy (obcl.edu), as Senior Counsel for the Foundation for Moral Law (morallaw.org), and as Pastor of Woodland Presbyterian Church of Notasulga, Ala. (woodlandpca.org). He may be contacted for speaking engagements at [email protected].
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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