Protest Alabama Abortion Law: Strategies For Resistance

In May 2019, Alabama passed a law making abortion a felony in nearly all cases, with no exceptions for rape or incest. The legislation, which was signed by Governor Kay Ivey, sparked protests across the state, with thousands gathering to voice their opposition to the bill. The law was widely considered the most restrictive in the country, and those against it argued that “abortion rights are human rights. Rallies were held in Huntsville, Mobile, Birmingham, and Montgomery, with protesters chanting my body, my choice and vote them out. The American Civil Liberties Union, Planned Parenthood, and the Yellowhammer Fund were among the organizations present at the demonstrations, with doctors, activists, parents, teachers, and children all marching together.

The Alabama Human Life Protection Act

The Act was met with widespread protests across Alabama, with thousands of Alabamians gathering to express their opposition to the law. Protests occurred in multiple cities, including Huntsville, Mobile, Birmingham, and Montgomery, with protesters chanting slogans such as ""my body, my choice" and "vote them out". The American Civil Liberties Union, Planned Parenthood, and the Yellowhammer Fund were among the organizations that participated in the protests, along with doctors, activists, parents, teachers, and children.

Opponents of the Alabama Human Life Protection Act argue that it violates the separation of church and state and restricts women's rights and access to essential healthcare. They emphasize the importance of keeping abortion legal and accessible, especially in cases of rape, incest, or when the mother's health is at risk. Protests against the Act have taken the form of rallies, marches, and lawsuits, with organizations like Planned Parenthood and the American Civil Liberties Union filing lawsuits against the ban.

To protest the Alabama Human Life Protection Act, individuals can participate in rallies, marches, and other organized events that support reproductive rights and oppose the abortion ban. They can also contact their local representatives and express their opposition to the Act, urging them to reconsider the law and protect women's access to safe and legal abortions. Additionally, individuals can support organizations that are actively fighting against the Act, such as Planned Parenthood, the American Civil Liberties Union, and the Yellowhammer Fund, through donations or volunteer work. By working together and making their voices heard, those opposed to the Act can strive to protect reproductive rights and ensure that women in Alabama have access to the healthcare they need.

The criminalization of doctors

The law punishes doctors who perform abortions by classifying the procedure as a Class A felony, which carries a maximum penalty of 99 years in prison. This harsh punishment has been a key focus of protests, with doctors and activists marching together to oppose the criminalization of abortion providers. Many doctors have spoken out against the law, stating that they should not be criminalized or labelled as felons for doing their jobs and providing essential healthcare services to women.

The criminalization of abortion providers has also raised concerns about access to safe and legal abortion care. By deterring doctors from performing abortions, the law effectively restricts women's ability to obtain abortions within the state. This is further exacerbated by the lack of nearby states with less restrictive abortion laws, as traveling across state lines to obtain an abortion may also be prosecuted under conspiracy laws.

Additionally, the law's failure to include exceptions for cases of rape and incest has been a significant point of contention. While women are exempt from criminal liability under the law, the lack of exceptions means that they may be forced to carry unwanted pregnancies to term, even in cases of sexual violence. This aspect of the law has been widely criticized as a violation of human rights and reproductive freedom.

The lack of exceptions for rape and incest

• Injustice and Trauma: The absence of exceptions for rape and incest is perceived as a profound injustice by many. Pregnancy resulting from rape or incest can be extremely traumatic for the survivor. Forcing someone to carry such a pregnancy to term can be seen as re-traumatizing and a violation of their rights and bodily autonomy. This perspective was echoed by a legislator in South Carolina, who stated, "for others, it is going to be a daily reminder of an ugly incident in their life... by passing the bill, we're going to say whether you can cope with it or not, you have to go through this in your life."
• Mental Health Implications: There are significant mental health implications associated with pregnancies resulting from rape or incest. Carrying such a pregnancy to term can exacerbate trauma and have long-term negative impacts on the survivor's mental health and well-being. This perspective was highlighted by a legislator in Louisiana, who emphasized the "horrific stress and emotional strain" that a survivor would endure during a pregnancy resulting from a violent and abusive act of rape.
• Protection and Agency: The lack of exceptions fails to protect survivors of rape and incest and denies them agency over their bodies and reproductive choices. By not recognizing the unique circumstances of these cases, the law places an additional burden on survivors, who may already be struggling with the trauma and consequences of their assault.
• Empathy and Non-Partisanship: Supporters of exceptions for rape and incest have called for empathy and a non-partisan approach to the issue. They have asked legislators to put themselves in the shoes of survivors and consider how they would feel if a family member or friend experienced such a traumatic event. This tactic aims to humanize the issue and appeal to legislators' sense of compassion and understanding.
• Questioning Survivors' Claims: There is often a pervasive doubt cast on the claims of rape and incest, with legislators and others questioning the trustworthiness of survivors. This skepticism can create additional barriers and traumatize survivors further. During legislative debates, there was a push for third-party confirmation and institutional involvement, such as requiring reports to law enforcement, which can be invasive and deter survivors from coming forward.
• Physician's Role and Moral Dilemma: The lack of clear guidance and exceptions in the law places an enormous burden on physicians, who may face moral dilemmas when dealing with pregnancies resulting from rape or incest. They may be unsure of how to interpret the law and fear prosecution if they perform an abortion in these cases. This uncertainty can lead to confusion, hesitation, and a lack of access to timely abortion care for survivors.
• Public Outcry and Protests: The absence of exceptions for rape and incest has sparked widespread public outrage and protests across Alabama. Many view this omission as cruel and inhumane, with organizers of rallies stating, "abortion rights are human rights, and that's what we want for the state of Alabama." The protests gathered thousands of Alabamians, demonstrating the strong opposition to the lack of exceptions in the law.

The role of the American Civil Liberties Union (ACLU)

The American Civil Liberties Union (ACLU) is a nonprofit civil rights organization that has been at the forefront of the fight against Alabama's abortion ban. The ACLU, along with Planned Parenthood, filed a lawsuit against the state of Alabama to block the implementation of the abortion ban, which was set to take effect on November 15, 2019. The lawsuit argued that the ban was a blatantly unconstitutional attack on the fundamental right to abortion and that it would dismantle abortion access for nearly one million women of reproductive age in Alabama.

The ACLU has a long history of defending reproductive freedom and has been involved in numerous landmark cases related to abortion rights. The organization believes that the decision to get an abortion should belong to individuals, not politicians. The ACLU has also been active in other states, such as Florida, where they are fighting against a law that bans abortion after 15 weeks of pregnancy and threatens to imprison doctors who provide care beyond that point.

In addition to their legal efforts, the ACLU has also been involved in protests and rallies against Alabama's abortion law. The ACLU's supporters cheered speakers from various organizations, including Planned Parenthood and the Yellowhammer Fund, as well as individuals sharing their personal experiences during the rallies.

The ACLU is committed to ensuring that every person can make their own decisions around pregnancy and will continue to fight for reproductive freedom across the United States.

The impact on abortion providers

The impact of Alabama's abortion ban on abortion providers has been significant, with only three abortion clinics remaining in the state as of 2022. These clinics have been ordered to stop performing abortion procedures, and providers who violate the restrictions may face civil and criminal penalties.

The ban, known as the Human Life Protection Act, was passed in 2019 and prohibits abortions at every stage of pregnancy unless there is a serious health risk to the pregnant woman. This has had a direct impact on abortion providers, who can no longer offer abortion services to their patients.

In addition to the ban, Alabama has also implemented mandatory waiting periods, parental consent requirements, and stringent guidelines for abortion clinics, further limiting the ability of providers to offer abortion care. The state also prohibits public funding and private insurance coverage of abortion procedures, which creates financial barriers for both providers and patients.

The impact of these restrictions has been felt by abortion providers, who have had to adjust their practices and, in some cases, cease operations altogether. The remaining clinics in Alabama, the West Alabama Women's Center in Tuscaloosa, Reproductive Health Services in Montgomery, and Alabama Women's Center in Huntsville, now only provide limited services and must abide by strict abortion-care policies to remain in operation.

The consequences of providing abortion care in violation of Alabama's restrictions are severe. Individuals who perform abortions in violation of the law face felony charges and years in prison. As a result, abortion providers in the state have had to carefully navigate the legal landscape to continue offering essential healthcare services to their patients.

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