Alabama Abortion Law: Who Signed It?

On May 15, 2019, Alabama Governor Kay Ivey signed a bill into law prohibiting almost all abortions in the state. The law, which is the strictest of its kind in the nation, outlaws the procedure even in cases of rape and incest and makes performing an abortion a felony punishable by up to 99 years in prison for doctors. The bill, called the Human Life Protection Act, was approved by overwhelming majorities in both chambers of the Alabama Legislature.

Alabama Gov. Kay Ivey signed the bill into law

Gov. Ivey's decision to sign the bill into law was met with a nationwide uproar and criticism from both sides of the political aisle. Staci Fox, president and chief executive officer of Planned Parenthood Southeast, stated that they "vowed to fight this dangerous abortion ban every step of the way". Tomi Lahren, a conservative commentator and one of the most prominent voices in conservative media, also criticized the bill, arguing that it "doesn't save lives, it simply forces women into more dangerous methods, other states or countries".

Gov. Ivey defended her decision, stating that the bill "stands as a powerful testament to Alabamians' deeply held belief that every life is precious and that every life is a sacred gift from God". The bill was approved by overwhelming majorities in both chambers of the Alabama Legislature, highlighting the strong support for anti-abortion legislation in the state.

The signing of the bill into law by Gov. Ivey had significant implications for abortion access and reproductive rights in Alabama. It is one of the most restrictive abortion laws in the nation and sets a precedent for other states to follow suit. The bill also sparked debates and discussions about the role of government in regulating healthcare and the complexities surrounding abortion and reproductive rights.

In the aftermath of Gov. Ivey's decision, there were legal challenges and protests against the bill. Activists argued that exceptions in abortion bans are often meaningless due to fear and uncertainty about what circumstances qualify for an exception. Additionally, there were concerns about the impact of the bill on women's access to safe and legal abortions, with critics arguing that it would lead to women seeking out more dangerous methods or travelling to other states or countries.

The law prohibits all abortions except in certain circumstances

On May 15, 2019, Alabama Gov. Kay Ivey signed into law the Alabama Human Life Protection Act, prohibiting all abortions in the state except those necessary to prevent a serious health risk to the woman or in cases where the unborn child has a lethal anomaly. The law, also known as House Bill 314, makes performing an abortion a felony punishable by up to 99 years in prison for doctors.

The law includes an exception for situations where the life or health of the pregnant patient is at risk. In such cases, three factors must be met: the abortion must be performed by a licensed physician; the patient must have a life-threatening condition and be at risk of death or "substantial impairment of a major bodily function" if the abortion is not performed; and the physician must try to save the life of the fetus unless doing so increases the risk of the pregnant patient's death or impairment.

The Alabama Human Life Protection Act was approved as a ballot measure in November 2018, with 77% of the vote. The measure amended the state constitution to recognise and support "the sanctity of unborn life and the rights of unborn children, including the right to life" and to ensure "the protection of the rights of the unborn child in all manners and measures lawful and appropriate". It also stated that "nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion".

The law was enacted in the context of the U.S. Supreme Court's 1973 Roe v. Wade ruling, which recognised the right to abortion as a fundamental right and prohibited states from banning abortion prior to fetal viability. However, in June 2022, the Supreme Court overturned Roe v. Wade, eliminating the federal constitutional right to abortion and allowing states to decide their own abortion policies.

The law has been criticised by some conservatives

The Alabama Human Life Protection Act, which was signed into law by then-Governor Kay Ivey on May 15, 2019, has been criticised by some conservatives. The law, which bans abortions at every stage of pregnancy and makes it a crime for doctors to perform the procedure, has been deemed too extreme by some Republicans in the U.S. Congress.

The law includes exceptions only when a mother's life is in jeopardy, and not in cases of rape or incest. House of Representatives Republican Leader Kevin McCarthy of California said that while he opposes abortion, the Alabama law "goes further than I believe". He added that he believes in "exceptions for rape, incest and life of the mother", which is also the official position of the Republican Party.

Senator Susan Collins of Maine, a Republican, also criticised the law, calling it "terrible" and "very extreme". She also expressed doubt that the Supreme Court would uphold it.

The law has been challenged by Planned Parenthood and the American Civil Liberties Union, who filed a lawsuit in May 2019. The law was blocked by the federal court in October 2019 but went into effect after the Supreme Court overturned Roe v. Wade in June 2022.

The law has been criticised for not including exceptions for rape and incest

The Alabama Human Life Protection Act, also known as the Human Life Protection Act, has been criticised for not including exceptions for rape and incest. The law, which was signed by Governor Kay Ivey in May 2019, is designed to challenge the 1973 US Supreme Court decision in Roe v. Wade, which established a woman's right to an abortion until a foetus becomes viable.

The law only permits abortions in cases where a "physician licensed in Alabama determines that an abortion is necessary in order to prevent a serious health risk to the unborn child's mother", a determination that must also be confirmed in writing by a second physician. This has been criticised as vague, leaving abortion providers with little guidance on how to interpret the law.

The lack of exceptions for rape and incest in the Alabama abortion law has been described as "cruel and unfair" to survivors of sexual assault or incest, who may be expected to plead their case to a judge, lawyers, and hospital administrators in order to access abortion care. It has also been noted that survivors of sexual assault often do not report to the police due to fear of retaliation, and may not be able to meet the reporting requirements needed to access an abortion under the law.

The American Civil Liberties Union (ACLU) of Alabama has opposed adding exceptions for rape and incest to the Alabama abortion law, arguing that "abortion ban 'exceptions' aren't workable solutions" and that people should not need permission to access the care they need. Instead, the ACLU has called for an end to abortion bans altogether, in order to make access to medical care the rule, not the exception.

The law has been criticised for its potential impact on IVF treatments

On February 16, 2024, the Alabama Supreme Court ruled that frozen embryos are afforded the same legal protection as children under the state's Wrongful Death of a Minor Act of 1872. The decision sparked outrage across the country, with critics arguing that it could have sweeping implications for fertility treatments. In response to the public outcry, the Alabama Legislature passed a bill to protect IVF providers from civil and criminal liability for embryo loss or damage during IVF treatments.

The Alabama IVF case is not an isolated incident but is instead connected to the broader trend of the politicization of medicine. The ruling has raised concerns about the potential impact on fertility treatments and the freezing of embryos, which had previously been considered property by the courts. The decision has also brought up questions about the obligations for frozen embryos, such as whether they must be preserved indefinitely and if pre-implantation genetic testing should still be conducted.

The Alabama IVF case began in December 2020 when a patient at a fertility clinic accidentally destroyed the embryos of three couples by dropping them on the ground. The couples brought lawsuits against the clinic and the hospital, including a claim under the Wrongful Death of a Minor Act of 1872. The case was initially dismissed at the trial court level, with the judge stating that embryos "are not people or children" under the Act. However, the Alabama Supreme Court overruled this decision and held that stored embryos can be afforded the same legal protections as children.

The Alabama IVF ruling has had immediate consequences, with two of the eight fertility clinics in Alabama pausing their IVF treatments due to concerns about civil and potential criminal liability. This pause in treatments has resulted in cancelled procedures for patients who were scheduled to undergo the final stage of IVF, the transfer of embryos into the uterus.

The Alabama IVF case highlights the complex and far-reaching implications of decisions made by the judiciary in the post-Dobbs era. It remains to be seen whether this kind of decision will be appealed to the federal courts or if the issue will be left for the Alabama legislature to address.

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