Alabama's abortion laws have been the subject of much debate in recent years, with lawmakers voting on several bills and amendments that seek to restrict abortion access in the state. In 2017, the Alabama House of Representatives passed a bill declaring Alabama a right-to-life state, with a vote of 67-14. This was followed by the introduction of the Alabama State Abortion Policy Amendment in 2018, which was approved by voters. The amendment aimed to recognise and support the sanctity of unborn life and affirm that the state constitution does not protect the right to abortion.
In 2019, the Alabama Senate passed a near-total ban on abortion, making it a felony for doctors to perform abortions at any stage of pregnancy. This bill was also passed with a large majority of 25-6. The bill included almost no exceptions, even in cases of rape and incest, and was met with strong opposition from Democrats and abortion rights activists.
Characteristics | Values |
---|---|
Date of vote | 14 May 2019 |
House of Representatives vote | 74-3 |
Senate vote | 25-6 |
Governor's signature | Signed into law by Governor Kay Ivey |
Bill name | Human Life Protection Act |
Bill number | House Bill 314 (HB 314) |
Bill sponsor | Terri Collins |
Bill co-sponsor | Clyde Chambliss |
Bill writer | Eric Johnson |
Bill amendments | Rejected amendments to allow abortions in cases of rape and incest |
Bill supporters | Alabama Pro-Life Coalition |
Bill opponents | Democratic politicians and activists, some Republican politicians |
Bill status | Enacted on 15 May 2019 |
What You'll Learn
- Alabama's abortion law makes performing an abortion a felony punishable by up to 99 years or life in prison for doctors
- The law provides for exceptions if the mother's health is at serious risk or the foetus has a lethal anomaly
- The bill was passed by the Alabama House of Representatives with a vote of 74-3
- The Alabama Senate passed the bill with a vote of 25-6
- The law does not include an exception in cases of rape or incest
Alabama's abortion law makes performing an abortion a felony punishable by up to 99 years or life in prison for doctors
Alabama's abortion law, also known as the Human Life Protection Act, makes performing an abortion a felony punishable by up to 99 years or life in prison for doctors. The law was passed in 2019 by Alabama's Republican-controlled state senate and signed by Governor Kay Ivey. It is the strictest abortion law in the US, banning abortion at any stage of pregnancy except when the woman's health is at serious risk.
The law makes performing an abortion a Class A felony, with potential sentences ranging from 10 years to 99 years or life in prison for doctors. The only exception to the ban is when the pregnant woman's health is at serious risk. The law does not include an exception for cases of rape or incest.
The abortion law was passed by the Alabama Senate with a vote of 25-6 and was then signed by Governor Ivey, who is anti-abortion. The bill's passage was widely supported by Republican lawmakers and opposed by Democrats. The vote in the Alabama Senate was largely along party lines, with all six "no" votes coming from Democratic senators.
The law has been criticised by abortion rights advocates and some Republican and conservative leaders for its lack of exceptions for rape, incest, and danger to the life of the mother. Civil rights groups and abortion rights organisations have pledged to challenge the ban in court, arguing that it violates the constitutional right to abortion established in Roe v. Wade.
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The law provides for exceptions if the mother's health is at serious risk or the foetus has a lethal anomaly
Alabama's abortion law, passed in May 2019, allows for exceptions if the mother's health is at serious risk. This is the only exception to the near-total ban on abortion in the state, which makes it a crime to perform the procedure at any stage of pregnancy. The law does not make an exception for cases of rape or incest.
The law states that abortion is permitted if it is necessary to "save a pregnant patient's life or preserve their health". However, in practice, health and life exceptions to abortion bans have often proven unworkable, except in the most extreme circumstances. There is also a lack of clarity around what constitutes a serious risk to health, which can make it difficult for physicians to know when an abortion is legally permitted.
The abortion law also includes an exception for lethal fetal anomalies, which are defined as conditions from which the fetus would die after birth or shortly thereafter, or be stillborn. However, this exception has also been criticised as being too narrow and difficult to interpret. In one case, a woman was forced to leave the state to terminate her pregnancy, despite her fetus having multiple anomalies, including a large tumor, a heart defect, and Trisomy 21 (Down syndrome). The doctors in Alabama determined that each condition on its own was survivable and did not meet the criteria for termination.
The Alabama abortion law has been criticised for restricting women's reproductive rights and for potentially preventing physicians from practicing evidence-based medicine. The law has also been challenged in court by civil rights groups and is currently facing legal challenges.
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The bill was passed by the Alabama House of Representatives with a vote of 74-3
The Human Life Protection Act, also known as House Bill 314, was introduced in the Alabama House of Representatives on April 2, 2019, by Terri Collins, a Republican representing Decatur. The bill was passed by the House of Representatives on April 30, 2019, with a vote of 74-3. Most of the Democrats in the House of Representatives walked out of the debate on the bill and did not vote.
The bill was then sent to the Alabama Senate, where Republican Clyde Chambliss sponsored the legislation. On May 14, 2019, the bill was passed by the Senate by a vote of 25-6, also along party lines. The next day, on May 15, 2019, Governor Kay Ivey signed the bill into law.
The Human Life Protection Act bans abortions at any stage of pregnancy. It provides for exceptions in cases where a fetus has a lethal anomaly or where a pregnancy would "present serious health risk" to the woman. Notably, the law does not include an exception in cases of rape or incest.
The passage of the bill by such large margins in both chambers of the Alabama Legislature highlights the strong support for anti-abortion legislation in the state.
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The Alabama Senate passed the bill with a vote of 25-6
The vote in the Alabama Senate fell largely along party lines, with all six "no" votes coming from Democrats. The bill's passage sparked strong reactions from both supporters and opponents. Supporters, including Republican Senator Clyde Chambliss, framed the legislation as a defense of human life, with Chambliss stating,
The bill's passage in the Alabama Senate was a significant step towards enacting one of the most restrictive abortion laws in the nation. With the bill's approval by the Senate, attention turned to Governor Ivey, who was expected to sign the bill into law.
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The law does not include an exception in cases of rape or incest
Alabama's abortion law, also known as the Alabama Human Life Protection Act, does not include exceptions for cases of rape or incest. The law only permits abortions in cases where a physician determines that an abortion is necessary to prevent a serious health risk to the pregnant individual. This determination must be confirmed in writing by a second physician.
The Alabama abortion ban, which took effect in June 2022, has sparked controversy due to its lack of exceptions for rape and incest. The law allows for a limited exception in cases that pose "serious health risks" to the pregnant individual, but even this vague language provides little guidance to abortion providers on how to interpret and apply the law.
The absence of exceptions for rape and incest has been criticised by civil rights groups and Democratic leaders, who argue that it is cruel and unfair to expect survivors of sexual assault or incest to plead their case to a judge, lawyers, and hospital administrators. They believe that people should not need permission to access the abortion care they need and should not be forced to disclose the reasons for their decision.
The Alabama abortion law is part of a growing trend in the United States, where Republican-controlled states are attempting to put new restrictions on abortion, taking advantage of the confirmation of new federal judges and Supreme Court justices appointed by the Trump administration.
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Frequently asked questions
The Alabama abortion law was passed by a vote of 25-6 on May 14, 2019.
The bill was introduced in the Alabama House of Representatives by Terri Collins, a Republican representing Decatur.
The Alabama abortion law was passed by a party-line vote. All voting Republicans supported the bill, while all opposing votes came from Democrats.