The Texas Equal Access Fund (TEA) and the Lilith Fund both publicly announced that their fundraising has resulted in abortions intended to directly subvert the Texas abortion ban. In a response to a fundraising tweet by the Lilith fund, the Thomas More Society pointed out that donors who violate the Texas Heartbeat Act can be subjected to lawsuits under the Texas Heartbeat Act.
The Thomas More Society has also filed pre-suit petitions for discovery against the Lilith Fund; a step taken in preparation for a potential lawsuit against the Lilith Fund. Both TEA and Lilith Fund have filed lawsuits to prevent the Thomas More society from filing a civil lawsuit under the Texas Heartbeat Act.
Thomas More Society President Tom Brejcha elaborated in a press release:
“It is illegal to pay for an abortion performed in Texas or to contribute to abortion funds to aid or abet these abortions. The Lilith Fund and the Texas Equal Access Fund 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. 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.”
The lawsuits by TEA and Lilith Fund will not contest the Heartbeat Act's constitutionality, but they argue that the law violates their rights to due process, free speech, and equal protection.
