Austin diocese files suit against city for violations of free speech

AUSTIN – The Liberty Institute filed a lawsuit on Oct. 6 against the city of Austin over its unconstitutional ordinance requiring the Diocese of Austin’s Gabriel Project and three pregnancy resource centers to post signs at their entrances stating that they do not provide abortions and birth control drugs and devices.

"The Roman Catholic Diocese of Austin, Catholic Charities of Central Texas and the Gabriel Project of Austin provide women in crisis pregnancy with life affirming options," Bishop Joe Vasquez said. "The ordinance enacted by the city of Austin impedes our ability to perform this ministry effectively and it is unjust. We turn now to the courts to protect our constitutional rights."

The Diocese of Austin, Catholic Charities of Central Texas, Austin Pregnancy Resource Center and South Austin Pregnancy Resource Center are plaintiffs in the complaint filed in federal court against the city of Austin.

"The decision by the Austin City Council to compel false and misleading speech is a clear violation of the pregnancy centers' constitutional rights and is a despicable ploy to deter women and families from using these charitable centers," Jonathan Saenz, director of Legislative Affairs at Liberty Institute, said. "The City of Austin is forcing a national pro-abortion agenda on its citizens at the expense of women and their unborn children, who greatly benefit from the free pregnancy-related services offered at these centers."

The ordinance, which is the first of its kind in Texas, requires each the affected facilities to post a sign at its entrance stating that it does not provide or refer for abortions or birth control services. Two of the pregnancy centers refer married clients to primary physicians for birth control, and the third center provides information to women about natural family planning and abstinence, two recognized forms of birth control.

There is no requirement forcing abortion facilities to post signs or provide disclaimers stating what services they do not provide for women. The ordinance is the result of deliberate and targeted discrimination against PRCs by NARAL and the City of Austin, Saenz said.

"The unlawful compelled speech that NARAL and the city of Austin are forcing is nothing more than an attempt to limit the options offered to women in pregnancy situations," former Texas Supreme Court Justice Raul A. Gonzalez said. "Rather than allow women to actually have a choice and consider all of their options, NARAL and the city of Austin have chosen to bully these non-profit pregnancy resource centers who provide valuable services to women. Less competition means more money, and the abortion industry is all about the money."

NARAL pushed the Austin ordinance as part of a national strategy designed to restrict PRCs outreach to women in need of pregnancy resources and to solely promote and support abortion providers, Saenz said. Currently, Austin is the fourth local government in America to force pregnancy resource centers to post signs. Similar ordinances compelling speech have passed in Baltimore, Montgomery County and New York City, but were enjoined by federal judges as violations of the First Amendment.

“This ordinance compelling speech is part of a coordinated nationwide campaign by NARAL Pro-Choice America specifically designed to deter women from visiting pregnancy resource centers and to restrict their free speech rights,” Saenz said.