Fight Alabama's Abortion Ban: What You Can Do

Abortion is illegal in Alabama, with the state enforcing a total ban on the procedure at all stages of pregnancy. The state's abortion ban, known as the Human Life Protection Act, prohibits all abortions unless medically necessary to avoid a serious health risk to the pregnant woman. With no exceptions for rape, incest, or human trafficking, those who perform an illegal abortion in Alabama face felony charges and years in prison. In the face of these restrictive laws, abortion rights advocates and providers are taking action to help those seeking abortions. The Justice Department has stated that Alabama cannot prosecute people who help women leave the state to obtain abortions, and organizations like the Yellowhammer Fund continue to assist Alabama women with accessing abortion services and reproductive healthcare.

Challenge the law in federal court

In May 2019, Planned Parenthood and the American Civil Liberties Union (ACLU) announced their intention to challenge Alabama's abortion ban in federal court. The three remaining abortion clinics in Alabama at the time—Alabama Women's Center, Reproductive Health Services, and West Alabama Women's Center—acted as plaintiffs in the case.

On 28 October 2019, US District Judge Myron H. Thompson blocked the bill, granting a preliminary injunction until the court resolved the case in full. Judge Thompson declared that the bill defied previous rulings in Roe v. Wade and the US Constitution. He also expressed concern that the bill could cause "serious and irreparable harm", referring to the Planned Parenthood Southeast v. Strange lawsuit from 2014, which identified a near-total ban as adding a financial burden to women and their need to access abortion services.

However, Judge Thompson lifted the injunction after the Supreme Court overturned Roe v. Wade on 24 June 2022, allowing the law to go into effect.

In May 2024, a federal judge allowed a lawsuit against Alabama Attorney General Steve Marshall to proceed. The lawsuit, filed by a coalition of reproductive and civil rights groups, aimed to prevent Marshall from prosecuting those who help Alabamians seek out-of-state abortion care. U.S. District Judge Myron H. Thompson denied Marshall's motion to dismiss the lawsuit, upholding the plaintiffs' claims of the right to travel and limits on the extraterritorial application of state law.

The Justice Department has also stated that Alabama cannot use conspiracy laws to prosecute people and groups who help women leave the state to obtain abortions, as such prosecutions would be unconstitutional. The Department argued that the US Constitution protects the right to travel, and that Alabama cannot stop women from crossing state lines to obtain a legal abortion.

Argue that the law restricts free speech

The Alabama Human Life Protection Act, also known as the Human Life Protection Act, is a law that bans abortions at every stage of pregnancy. The law makes it a crime for doctors to perform the procedure unless there is a medical emergency. This means that women in Alabama are unable to access safe and legal abortion services, even in cases of rape or incest. The law also restricts advertising of abortion clinics and requires clinics to abide by abortion-care policies to remain in operation. These restrictions limit the availability of abortion services in the state and infringe on the free speech of abortion providers.

The law directly impacts the free speech of abortion providers by imposing stringent guidelines that they must follow in order to continue operating. For example, a 2016 law prohibited abortion clinics from renewing their licenses if they were located within 2,000 feet of an elementary or middle school. This targeted specific clinics and restricted their ability to advertise their services to the public. The law also includes mandatory waiting periods, parental consent requirements for minors, and requirements for physicians to provide state-produced written materials and conduct ultrasounds. These requirements limit the ability of abortion providers to freely discuss and provide abortion services to their patients.

Additionally, the law has a chilling effect on the free speech of abortion rights advocates and organizations. By threatening to prosecute those who assist Alabama residents in obtaining abortion services out of state, the law discourages individuals and groups from speaking out and providing information about abortion access. This creates an environment of fear and discourages open discussion and advocacy for abortion rights.

The law also restricts the free speech of women seeking abortions by limiting their access to information and services. Women in Alabama are unable to freely discuss all their options with healthcare providers due to the restrictions on abortion providers. The law effectively silences women by denying them the ability to make their own informed choices about their bodies and their reproductive rights.

The Alabama Human Life Protection Act not only infringes on the free speech of abortion providers and advocates but also directly impacts the lives and choices of women in the state. By restricting access to abortion services and limiting discussion and advocacy, the law undermines the fundamental rights of women to make their own decisions about their bodies and their health. This restriction on free speech has far-reaching consequences and contributes to a culture of silence and stigma surrounding abortion.

Argue that the law restricts the constitutional right to travel

The Alabama abortion law, also known as the Human Life Protection Act, is one of the most restrictive abortion laws in the US. It bans abortions at every stage of pregnancy and makes it a crime for doctors to perform the procedure unless there is a medical emergency. This means that women in Alabama who want an abortion must travel out of state to get one.

The law has been challenged by abortion rights advocates and providers, who argue that it restricts the constitutional right to travel. They have sued Alabama Attorney General Steve Marshall, seeking to block him from prosecuting people who help patients travel outside the state to end pregnancies. Marshall has made statements suggesting that conspiracy laws could be used to prosecute those who assist with appointments or finances for abortions.

The US Constitution does not explicitly recognize a "right to interstate travel." However, the Supreme Court has issued decisions as far back as 1867 that can be interpreted to protect this right, and some scholars are confident that such a right exists. One of the justices who formed the majority in the 2022 Dobbs v. Jackson Women's Health Organization decision, Justice Brett Kavanaugh, wrote that states cannot legally prevent their residents from going to another state to get an abortion because of the "constitutional right to interstate travel."

The Justice Department has also weighed in on the issue, stating that a state cannot interfere with an individual's right to travel and that this includes the right to travel for abortion care where it is legal. They argue that just as Marshall cannot stop women from crossing state lines to obtain a legal abortion, he also cannot seek to prosecute anyone who assists that individual in their travel.

The right to travel for abortion care is a complex and evolving legal issue, and it is unclear how the Supreme Court would rule on this question if presented with a direct challenge. However, the efforts of abortion rights advocates and the Justice Department to challenge the Alabama law on the basis of restricting the right to travel could be a key strategy in helping to stop the law.

Provide financial assistance to women seeking abortions

Providing financial assistance to women seeking abortions in Alabama is a direct way to help stop the state's abortion law. Here are some ways to do this:

Donate to Abortion Funds

The Yellowhammer Fund is an organisation that financially assists women in Alabama who are seeking an abortion but cannot afford one. In 2019, the Yellowhammer Fund provided financial assistance to women at three abortion clinics in Alabama. The organisation also purchased West Alabama's Women Center in 2020 to ensure the continued provision of abortion services in the area.

The National Network of Abortion Funds is another option. It is a network of over 100 grassroots groups in more than 40 states that help people pay for abortion services they cannot otherwise afford.

Support Local Funds

There are many other local funds across the country that provide financial assistance for abortions. Many of these funds are small and run by volunteers, and each operates differently. To find local funds in your area, visit the National Network of Abortion Funds website.

Utilise Hotlines

The National Abortion Hotline is a toll-free, multi-lingual service that provides callers with accurate information, confidential consultation, and referrals to providers of quality abortion care. They also offer case management services and limited financial assistance to help cover the cost of care and travel-related expenses.

Support Fundraising Efforts

Fundraising efforts by individuals can make a significant impact on abortion funds. For example, a single activist raised close to $30,000 in donations for the Yellowhammer Fund in a three-hour period.

Spread Awareness

Spreading awareness about the availability of financial assistance for abortions can help ensure that those seeking abortions know where to turn for help. This can be done through various means, such as social media, community events, or word-of-mouth.

Provide transportation and housing to those in need

In Alabama, abortion is illegal unless there is a serious health risk to the pregnant woman. This has been the case since the U.S. Supreme Court overturned Roe v. Wade in 2022, allowing individual states to set their own abortion laws.

As a result, many people in Alabama are forced to travel out of state to access abortion services. This can be a costly and logistically challenging process, and some people may need support to make the journey.

One way to help stop the Alabama abortion law is to provide transportation and housing to those in need. Here are some ways to do this:

• Offer rides or accommodation: If you live near the Alabama border, consider offering rides to those who need to travel out of state for an abortion. You could also provide a place to stay for those who need accommodation near an abortion clinic.
• Support organisations: There are several organisations that help people seeking abortions by providing transportation and housing, such as the Brigid Alliance, the National Abortion Federation, and Fund Texas Choice. You can support these organisations through donations or volunteering your time.
• Spread awareness: Share information about these organisations and their services with anyone who may need them. You can also help spread awareness about the Alabama abortion law and the impact it has on people's lives.
• Advocate for policy change: Contact your local representatives and voice your opposition to the Alabama abortion law. You can also support organisations that are working to change the law, such as the American Civil Liberties Union of Alabama (ACLU).
• Offer other assistance: In addition to transportation and housing, people seeking abortions may need help with childcare, meals, or other expenses. You can support them by providing these additional resources or contributing to organisations that offer comprehensive support.

Frequently asked questions