Whole Woman's Health et al v. Jackson et al

Filing 19

MOTION for Summary Judgment and Memorandum of Law in Support by Alamo Women's Reproductive Services, Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Erika Forbes, Frontera Fund, Fund Texas Choice, Allison Gilbert, Houston Women's Clinic, Houston Women's Reproductive Services, Jane's Due Process, Daniel Kanter, Bhavik Kumar, Lilith Fund, Inc., North Texas Equal Access Fund, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Marva Sadler, Southwestern Women's Surgery Center, The Afiya Center, Whole Woman's Health, Whole Women's Health Alliance. (Attachments: #1 Exhibit A. Gilbert Declaration, #2 Exhibit B. Kumar Declaration, #3 Exhibit C. Ferrigno Declaration, #4 Exhibit D. Klier Declaration, #5 Exhibit E. Lambrecht Declaration, #6 Exhibit F. Linton Declaration, #7 Exhibit G. Hagstrom Miller Declaration, #8 Exhibit H. Braid Declaration, #9 Exhibit I. Rosenfeld Declaration, #10 Exhibit J. Barraza Declaration, #11 Exhibit K. Sadler Declarationb, #12 Exhibit L. Zamora Declaration, #13 Exhibit M. Jones Declaration, #14 Exhibit N. Rupani Declaration, #15 Exhibit O. Connor Declaration, #16 Exhibit P. Williams Declaration, #17 Exhibit Q. Kanter Declaration, #18 Exhibit R. Forbes Declaration, #19 Exhibit S. Mariappuram Declaration)(Hebert, Christen)

Exhibit R

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
WHOLE WOMAN’S HEALTH, et al.,
Plaintiffs,
v.
AUSTIN REEVE JACKSON, et al.,
Defendants.

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CIVIL ACTION
CASE NO. _______________

DECLARATION OF REVEREND ERIKA FORBES IN SUPPORT OF
PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
REVEREND ERIKA FORBES, declares under penalty of perjury that the following
statements are true and correct:
1.

I am a licensed, ordained minister and licensed spiritual counselor, located in

Dallas, Texas.
2.

I received my license and ordination as an Interfaith Minister from One Spirit

Interfaith Seminary in New York City in 2006. I also received a Master’s Degree in World
Religions from the same institution as well as a B.A. in Education from California State
University, Hayward (n/k/a California State University, East Bay).
3.

After obtaining my license and ordination, I moved to San Antonio and founded

The Awakening Spiritual Community, a faith-based 501(c)(3) organization. I served as full-time
Spiritual Director and Pastor for six years, creating a non-denominational spiritual community
bound together by love rather than religion. We held Sunday services and amplified our
messages through digital media. Through this community, I have worked with people of every

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religious background and provided pastoral care for various life cycle events, including
pregnancy and other reproductive choices.
4.

Since leaving The Awakening Spiritual Community, I have continued to work as

a minister and have given sermons before many congregations throughout Texas.
5.

I also maintain a separate, private spiritual counseling practice. My clients are

primarily pregnant people from all religious traditions, including no tradition. They come to me
for prayer and support as they make pregnancy decisions or after their abortions. I have
counseled over 200 pregnant people, more than half of whom are Texans.
6.

I am also the State Faith and Outreach Manager for the Texas Freedom Network,

a non-partisan grassroots organization of more than 150,000 religious and community leaders
who support civil rights and progressive causes like reproductive rights and justice.
7.

I submit this declaration in support of Plaintiffs’ Motion for Summary Judgment

to prevent enforcement of Texas Senate Bill 8 (“S.B. 8”). The facts I state here and the opinions I
offer are based on my training and experience as a licensed and ordained member of the clergy
and spiritual counselor who has worked in Texas for the last eight years.
My Personal Beliefs
8.

I have been an outspoken advocate for reproductive rights and justice for many

9.

I believe that there is a greater divine presence—whether you call it God or a

years.

spirit or something else—that gives us the divine right to make the best choice for ourselves at
any given time and that we alone are equipped with the right answers for the decisions we will
make in our lives. This divine right includes the right to bodily autonomy, the right to thrive,

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and, specifically, the right to obtain an abortion. I believe that in both scripture- and earth-bound
traditions, God does not condemn the personal choice to end a pregnancy.
10.

I believe that I have been called to help pregnant people, particularly people in

Texas, realize their divine rights. Here in Texas, God has been taken hostage by those opposed to
abortion. As a result, pregnant people have internalized shame and stigma around their abortion
choices. I believe that it is my duty and responsibility to help people feel supported and trusted
by a licensed and ordained member of the clergy while making choices about their bodies,
particularly because this is a message they rarely hear from clergy. I believe that pregnant people
in Texas need access to clergy that are supportive of their bodily autonomy.
11.

My work as a spiritual counselor is particularly important because of who I am. I

am a Black female minister, a mother, and a person who has had two abortions. It is rare to find a
female member of the clergy like me. But this is exactly why pregnant people contemplating
abortion seek my counsel.
12.

Pregnant people who come to me for counseling need a variety of spiritual and

emotional services to aid in their pregnancy decision. Many come to me to ask for permission
from God for their abortion, for absolution of the guilt they feel, or for reassurance that they can
make the choice that they already know is right for them. Clients who come to me after their
abortions often seek relief from the shame and guilt they feel as a result of the stigma around
abortion. For both types of clients, I use the clients’ own religious tradition and texts to provide
needed spiritual support.
13.

Over the years, I have also become a vocal public advocate for abortion access in

Texas. As a result, I have suffered from persistent digital harassment by those who oppose
abortion.

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The Effects of S.B. 8
14.

I understand that S.B. 8 is an abortion ban that will prohibit all pregnant people in

the state of Texas from accessing abortion care once they are approximately six weeks pregnant.
I also understand that anyone who assists with an abortion later than six weeks can be sued in a
civil case. Particularly given the hostility against me and others supportive of abortion in Texas, I
fear that people who file suits under S.B. 8 will broadly target myriad forms of assistance,
including the counseling that I provide.
15.

It is impossible to overstate the impact that this bill will have if it were to go into

effect. I know because I serve the people of Texas as a minister, a counselor, and a spiritual
advisor. I am deeply concerned about the prospects pregnant people will face. As a person who
had two abortions after six weeks myself, I know that the inability to get a legal and safe
abortion will decimate pregnant people’s livelihoods and future opportunities. S.B. 8 will take a
tremendous toll on their financial, psychological, emotional, and spiritual existence.
16.

Moreover, this bill is devastating because it will affect both the Texans who seek

abortions after they are six weeks pregnant and every person in their support network, who will
understandably fear being sued for any assistance they provide.
17.

I fear that S.B. 8 will prevent me from fulfilling my calling and purpose as a

member of the clergy. If this bill goes into effect, I fear I will not be able to continue my
counseling work and will be forced by a court to stop supporting pregnant people making
decisions about abortion. S.B. 8 will not change my beliefs, but it could prevent me from
expressing them and practicing my own religious and spiritual beliefs.
18.

I am driven to my work in counseling pregnant people by an inner, divine calling

that there is some purpose bigger than myself. As a person of faith and as a woman who has

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benefited from the right to abortion, I feel a divine mandate and destiny to sacrifice as much for
those I serve now as the advocates who came before me. It is my turn to serve.

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