Alabama Abortion Law: Effective Date And What To Expect

Alabama's abortion ban, The Alabama Human Life Protection Act, came into effect in June 2022 following the Dobbs v. Jackson Women's Health Organization decision. The law makes it illegal to have an abortion except in cases of serious health risks to the pregnant individual. This has led to a situation where Alabama residents are travelling out of state to obtain abortions. There is ongoing legal action against Alabama Attorney General Steve Marshall, who has claimed that he could prosecute entities that help someone get an abortion out of state under criminal conspiracy laws.

Alabama's abortion ban took effect in June 2022

Alabama's abortion ban, The Alabama Human Life Protection Act, took effect in June 2022 following the Dobbs v. Jackson Women's Health Organization decision. The law makes abortion illegal except in cases of "serious health risks" to the pregnant individual. Even this exception is vaguely defined, leaving abortion providers with little guidance on how to interpret the law.

The law has faced opposition, with critics arguing that it is cruel and unfair to expect survivors of sexual assault or incest or someone facing a medical emergency to plead their case to a judge, lawyers, and hospital administrators. The limited exception also raises concerns about access to abortion care, as people should not need permission or be forced to disclose their reasons for seeking an abortion.

The impact of Alabama's abortion ban extends beyond the state, as residents may seek abortions out of state. There have been reports of Alabama residents being tracked by phone to abortion clinics in Florida. While it is legal for individuals to travel out of state to obtain an abortion, there are concerns about those who may need assistance, such as minors or those without the necessary resources.

Alabama's Attorney General, Steve Marshall, has stated that he could prosecute entities that attempt to help someone obtain an abortion out of state under criminal conspiracy laws. This has led to lawsuits by reproductive health organizations, who argue that Marshall's statements have had a chilling effect on their ability to provide care for patients. The U.S. Department of Justice has also sided with reproductive health providers, seeking to stop Marshall from prosecuting those who help Alabama women obtain abortions across state lines.

The ban only allows exceptions in cases that pose serious health risks

Alabama's abortion ban, The Alabama Human Life Protection Act, came into effect in June 2022 following the Dobbs v. Jackson Women's Health Organization decision. The ban prohibits abortions in almost all circumstances, including pregnancies resulting from rape or incest. The only limited exception allowed by the ban is in cases that pose "serious health risks" to the pregnant individual. However, even this vague language provides little guidance to abortion providers on how to interpret and apply the law.

The serious health risk exception in Alabama's abortion ban is extremely narrow and leaves abortion providers with limited guidance on how to navigate complex medical situations. The lack of clarity in the law makes it challenging for healthcare professionals to determine when an abortion is legally permissible. This ambiguity can lead to confusion, hesitation, and potentially life-threatening delays in providing necessary medical care.

The exception for serious health risks does not consider the mental health implications of continuing an unwanted pregnancy. Mental health is a critical component of overall health, and the lack of recognition of this aspect can have detrimental consequences for individuals struggling with mental health issues during pregnancy. The narrow exception fails to acknowledge the potential psychological harm that can arise from being forced to continue an unwanted pregnancy or carry a pregnancy to term.

Additionally, the serious health risk exception does not account for the varying interpretations of "serious health risks." Different healthcare providers may have differing opinions on what constitutes a serious health risk, leading to inconsistencies in the application of the law. This subjectivity can result in varying access to abortion services depending on the provider, creating further uncertainty and potential barriers for individuals seeking abortions.

The narrow exception for serious health risks in Alabama's abortion ban highlights the restrictive nature of the law and the lack of consideration for the complex medical and personal circumstances surrounding abortions. The exception's vague language falls short of providing clear guidance to abortion providers, potentially impacting their ability to make timely and informed decisions regarding their patients' care. As a result, individuals seeking abortions in Alabama face significant challenges and limited options, even in cases where their health is at risk.

While the serious health risk exception aims to provide a necessary safeguard, its limited scope and ambiguous wording fall short of adequately addressing the complexities of abortion decisions. As a result, individuals in Alabama facing health risks may still encounter significant barriers to accessing abortion services, underscoring the need for more comprehensive and compassionate abortion legislation.

Alabama Attorney General Steve Marshall threatened to prosecute those helping people travel out of state for abortions

Alabama Attorney General Steve Marshall has threatened to prosecute those who help women travel out of the state to get abortions. In a court filing, Marshall argued that Alabama has the authority to bring conspiracy charges against groups who assist women in travelling to another state for an abortion. This assertion was made in response to a lawsuit filed by an abortion assistance fund and other advocates arguing that such prosecutions would be unconstitutional.

Marshall's office wrote that the Alabama Legislature categorizes abortion as one of the highest wrongs, "comparing it to murder" and that "Alabama can criminalize Alabama-based conspiracies to commit abortions elsewhere." He suggested that while it is legal for a woman to travel out of state for an abortion, groups that help her do so could face prosecution.

The Yellowhammer Fund, a group that provided financial assistance to low-income abortion patients, stopped their work due to these prosecution concerns. They, along with other abortion rights advocates and providers, are suing Marshall to block him from prosecuting people who help patients travel outside the state to end pregnancies.

A federal judge has scheduled a hearing to consider Marshall's motion to dismiss the lawsuit. Marshall has not prosecuted anyone for providing abortion assistance, but his statements have had a chilling effect on advocates, and they argue that he is illegally trying to extend Alabama's abortion ban outside its borders.

The Alabama Supreme Court ruled frozen embryos are legally protected children

On February 16, 2024, the Alabama Supreme Court issued a ruling declaring that embryos created through in vitro fertilization (IVF) are to be considered children. This decision was reached in response to a lawsuit filed by three couples who had undergone IVF treatment and whose frozen embryos were destroyed when a patient opened one of the storage tanks in the cryo-preservation unit. The couples sued the fertility clinic and hospital for negligence and under the Wrongful Death of a Minor Act, an Alabama statute.

The trial court dismissed the case, stating that embryos that exist in vitro are not people or children under the Act. However, the Alabama Supreme Court disagreed and determined that the Act does apply to "all unborn children without limitation," including those not located in utero at the time of their death. This ruling has had far-reaching implications for reproductive technology and healthcare in the state, with several IVF clinics pausing their services due to concerns about civil and criminal liability.

The decision has sparked debates about the potential impact on IVF procedures in Alabama, with some arguing that it could effectively outlaw IVF in the state. In response, Alabama Governor Kay Ivey signed a bill in March 2024, providing immunity to IVF providers and recipients for any damage or death of an embryo during the IVF process. However, this legislation has also faced criticism from some who argue that it gives IVF doctors a "license to kill" and creates blanket immunity for the industry.

The Alabama Supreme Court's ruling has also brought attention to the anti-abortion movement's long-standing goal of granting embryos and fetuses legal and constitutional protections. Abortion rights advocates argue that proposals granting protections to embryos and fetuses could have broader implications and are part of a coordinated campaign to stigmatize abortion and equate embryos and fetuses with living, breathing human beings. The decision highlights the complex and controversial nature of the abortion debate and the ongoing efforts of abortion opponents to grant legal rights to embryos and fetuses.

Senate Bill 35 seeks to add an exception for rape and incest to Alabama's abortion ban

The Human Life Protection Act, also known as the Alabama abortion ban, was enacted on May 15, 2019, and imposed a near-total ban on abortion in the state. The bill was passed in both chambers of the Alabama Legislature and signed by Republican governor Kay Ivey. Under the Act, doctors who perform abortions in the state of Alabama are guilty of a Class A felony and could face life imprisonment. The law provides for exceptions only in cases where a fetus has a lethal anomaly or where a pregnancy would "present serious health risks" to the woman. Notably, the Act does not include exceptions for pregnancies resulting from rape or incest.

Several proposed amendments to the Act that would have allowed abortions in cases of rape and incest were rejected. One such amendment, introduced by Democratic minority leader Anthony Daniels, was voted down 72-26 in the House of Representatives. Another amendment failed in the Senate by a vote of 21-11. Despite opposition from some Republican and conservative leaders, who argued for exceptions in cases of rape, incest, and danger to the mother's life, the Alabama abortion ban went into effect in June 2022 following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization.

Senate Bill 35 (SB 35) seeks to address this gap in the law by adding an exception for rape and incest to Alabama's abortion ban. The existing law places an enormous burden on those seeking abortions, allowing limited exceptions only in cases of "serious health risks". Even this vague language provides little guidance to abortion providers, making it difficult for them to interpret and apply the law.

SB 35 aims to provide much-needed clarity and ensure that survivors of sexual assault or incest are not subjected to cruel and unfair expectations. It is important to recognize that individuals should not be forced to disclose the reasons behind their decision to seek abortion care. The push for SB 35 underscores the need for laws that are flexible and considerate of the various personal and medical circumstances that pregnant individuals may face.

Frequently asked questions