Alabama Abortion Law: Who Are The Sponsors?

The Alabama Human Life Protection Act, also known as House Bill 314, was introduced by Republican Terri Collins, who represents Decatur, and sponsored by Republican Clyde Chambliss. It was signed into law by then-Governor Kay Ivey on May 15, 2019. The bill bans abortions at every stage of pregnancy and makes it a crime for doctors to perform the procedure unless there is a medical emergency.

Alabama's Attorney General Steve Marshall

During his time as District Attorney, Marshall was instrumental in passing the Brody Act, which makes it a crime to kill or injure an unborn child. This act was a precursor to Alabama's stringent abortion laws, as it established legal protection for unborn children. Marshall was the first prosecutor to secure a death sentence under the Brody Act, setting a precedent for holding individuals accountable for crimes against both the mother and the unborn child.

As Attorney General, Marshall has defended Alabama's restrictive abortion laws in court. In 2019, Alabama's governor, Kay Ivey, signed the most stringent abortion legislation in the nation at the time, making performing an abortion a felony in nearly all cases. The law, known as the Human Life Protection Act, was authored by attorney Eric Johnston and sponsored by Rep. Terri Collins. While it was temporarily blocked by lower courts, the law's sponsors intended to give conservatives on the U.S. Supreme Court an opportunity to overturn abortion rights nationwide.

Marshall has taken a hardline stance on abortion, stating that he could prosecute entities that help someone obtain an abortion out of state under criminal conspiracy laws. This statement drew criticism and legal challenges from reproductive health organizations, such as the Yellowhammer Fund, who argued that Marshall's position was an overreach of government and infringed on individuals' constitutional rights.

In addition to his role as Attorney General, Marshall serves as a member of the executive committee of the Republican Attorneys General Association, where he provides expertise and leadership on various national policy issues, including the opioid crisis, human trafficking, illegal immigration, religious liberty, and the rule of law.

Alabama's abortion ban

The law was sponsored by Rep. Terri Collins, a Republican from Decatur, and signed by then-Governor Kay Ivey, also a Republican. The bill's supporters intended to give conservatives on the U.S. Supreme Court an opportunity to overturn Roe v. Wade, the 1973 decision that legalised abortion nationwide.

The abortion ban was set to go into effect six months after being signed into law, but it was blocked by a federal court in October 2019. The law was deemed to contradict Roe v. Wade and the U.S. Constitution. However, after the Supreme Court overturned Roe v. Wade in June 2022, the injunction was lifted, and Alabama's abortion ban went into effect.

Alabama has a history of enacting legislation to restrict access to abortion. The state has mandatory waiting periods, parental consent requirements for minors, and stringent guidelines for abortion clinics. In 2024, the Alabama Supreme Court ruled that frozen embryos should be considered children, further complicating reproductive rights in the state.

The abortion ban in Alabama has sparked protests from abortion rights advocates and criticism from Democrats and women's rights groups. They argue that the law disregards women's voices and their right to make decisions about their bodies and their families. The ban has also led to confusion, with women seeking clarification on whether they can obtain a legal abortion in the state.

While the abortion ban exempts women from prosecution, it penalises those who perform abortions or provide abortion drugs. It is classified as a Class A Felony, punishable by 10 to 99 years or life in prison.

Alabama's Republican governor

Governor Ivey's statement after signing the bill into law emphasized the deeply held belief in the sanctity of life among Alabamians and acknowledged that the bill may be unenforceable in the short term due to the Supreme Court's decision in Roe v. Wade. She also commended the bill's sponsors for their leadership on the issue and urged the Alabama Legislature to continue working towards fostering a better Alabama.

The Alabama abortion ban is the most stringent in the nation, and it has been criticized by Democrats and abortion rights advocates as disregarding the value and voice of women. In response to the criticism, Governor Ivey has joined other Republican governors in urging the Supreme Court to overturn Roe v. Wade, arguing that states should have the authority to protect the lives of unborn children.

The abortion ban in Alabama has sparked legal challenges from abortion rights organizations, such as Planned Parenthood Southeast, who argue that abortion should remain safe, legal, and accessible in the state. Despite the controversy and opposition, Governor Ivey's support for the bill remains steadfast, and she has assured her fellow Alabamians that they will continue the fight for the protection of unborn children.

Alabama's Supreme Court

In 2020, the Court dismissed a wrongful death lawsuit filed by Ryan Magers, an Alabama resident, against the Alabama Women's Center for Reproductive Alternatives and others. The lawsuit, filed on behalf of "Baby Roe", argued that under Alabama law, an unborn child is a legal person with rights. However, the Court upheld the lower court's decision to dismiss the case.

The Court has also been instrumental in shaping abortion laws in the state. In June 2022, Alabama began enforcing its total abortion ban following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. This ban prohibits abortion at all stages of pregnancy, with limited exceptions for serious health risks to the mother.

The Alabama Supreme Court's decisions have had a significant impact on reproductive rights and access to abortion in the state, often sparking debate and legal challenges from abortion rights advocates.

Alabama's abortion sponsors

Alabama's abortion law, the Human Life Protection Act, was introduced in the House of Representatives on April 2, 2019, by Terri Collins, a Republican representing Decatur. In the Alabama Senate, Republican Clyde Chambliss sponsored the bill. Eric Johnson, the president of the Alabama Pro-Life Coalition, wrote the Human Life Protection Act.

The bill was passed in both chambers of the Alabama Legislature in a party-line vote and signed by Republican governor Kay Ivey on May 15, 2019. The law bans abortions at any stage of pregnancy, with no exceptions for cases of rape or incest, only allowing abortions if there was a serious health risk to the mother or the fetus had a lethal anomaly.

The Human Life Protection Act has been strongly opposed by Democratic politicians and activists, and some Republican politicians. Legal challenges to the act were brought by abortion rights advocates, including Planned Parenthood and the American Civil Liberties Union (ACLU).

In October 2019, U.S. District Court Judge Myron Herbert Thompson issued a preliminary injunction against the abortion ban, preventing the legislation from taking effect in November 2019 as intended. Judge Thompson argued that the law "contravenes clear Supreme Court precedent" and "violates the right of an individual to privacy, to make choices central to personal dignity and autonomy". However, after the U.S. Supreme Court overturned Roe v. Wade in June 2022, Judge Thompson lifted the injunction, allowing the law to go into effect.

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