In May 2019, the Alabama Senate passed a bill to ban nearly all abortions in the state, with only a few exceptions. The bill was approved by a vote of 25-6, with one abstention, and was then sent to Governor Kay Ivey to be signed into law. The bill would make it a felony for doctors to perform abortions, with punishments of up to 99 years in prison. The vote was largely along party lines, with all Democrats voting against the bill and only a few Republicans joining them. The bill sparked controversy and protests, with critics arguing that it is a dangerous and demeaning restriction on women's rights and a waste of taxpayer dollars.
Characteristics | Values |
---|---|
Date of vote | May 14, 2019 |
Bill name | Human Life Protection Act |
Bill number | HB 314 |
Vote result | Passed |
Vote margin | 25-6 |
Party lines | All Republicans voted for the bill, all Democrats voted against |
Exceptions | Only for pregnancies that pose a health risk to the mother |
No exceptions for | Rape and incest |
Punishment | Doctors could face up to 99 years in prison |
Bill sponsor | State Rep. Terri Collins |
Governor | Kay Ivey |
What You'll Learn
Alabama's abortion law is the strictest in the country
The Alabama Senate, composed entirely of men, tried to sneak in a vote on the bill without allowing a traditional roll call requested by Democrats, sparking chaos and anger among members. The bill passed the Alabama House 74-3 and the state Senate 25-6, with one abstention, and was signed into law by then-Governor Kay Ivey. Abortion rights groups have vowed to challenge the law in court, arguing that it violates the landmark 1973 Roe v. Wade ruling that guaranteed a woman's right to abortion until a fetus is viable.
Alabama has a history of restrictive abortion laws and has consistently enacted legislation aimed at limiting 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 law in Alabama reflects the state's conservative political views and the majority of anti-abortion opinions among its residents. A 2014 survey by the Pew Research Center found that 58% of surveyed adults in Alabama believed abortion should be illegal in most or all cases, while 37% indicated it should be legal. The state's executive governor, senate, and house also report a majority of anti-abortion views.
The strict abortion law in Alabama has sparked protests and boycotts, with some businesses refusing to operate in the state due to the restrictive legislation. The law has also raised concerns about the impact on women's access to healthcare and reproductive rights, with advocates arguing that the regulations are designed to limit the availability of abortion services.
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Doctors could face life sentences for performing abortions
In May 2019, the Alabama Senate approved a bill that would outlaw almost all abortions in the state. The bill, which was approved by a vote of 25-6, with one abstention, made it a felony for doctors to perform abortions and carried a maximum sentence of 99 years in prison. This effectively meant that doctors could face life sentences for carrying out the procedure. The bill was passed by Alabama's House of Representatives the previous week with a vote of 74-3.
The bill was supported by Republican Lieutenant Governor Will Ainsworth, who was presiding over the Alabama Senate at the time. He approved a motion to remove a rape and incest exception from the bill through a voice vote, which does not allow for a roll call. This move sparked outrage among Democrats, who requested a traditional roll call vote.
The bill was strongly opposed by Democrats, including Senator Bobby Singleton, who proposed an amendment to reinsert protections for pregnancies resulting from rape or incest. Singleton brought three rape victims to the chamber to highlight the impact of the bill, arguing that under the proposed law, doctors who perform abortions could spend more time in prison than rapists. His amendment ultimately failed, with 21 votes against and 11 in favour.
The bill was also criticised by abortion rights groups, who argued that it violated the landmark 1973 Roe v. Wade ruling, which guaranteed a woman's right to an abortion until a fetus is viable. They vowed to mount a legal challenge to the measure, which they deemed "extreme and dangerous".
The bill included an exception for pregnancies that posed a health risk to the mother but notably lacked the typical inclusions of exceptions for rape and incest, which are usually present in other legislation limiting abortion. While the Senate's judiciary committee initially amended the bill to include these exceptions, they were later stripped out on the Senate floor.
The Alabama bill was part of a wave of so-called "heartbeat bills" passed by Republicans in several conservative states, including Georgia, who aimed to challenge the longstanding Roe v. Wade precedent in the hopes that the Supreme Court's new conservative majority would chip away at or overturn abortion rights.
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The bill passed with a 25-6 vote
The Alabama Senate approved the nation's strictest abortion ban with a 25-6 vote, with one abstention. The bill, which was approved on May 14, 2019, was sponsored by State Rep. Terri Collins and passed by the Alabama House 74-3. The bill makes it a felony for a doctor to perform an abortion in Alabama, with a punishment of 10 to 99 years in prison. The only exception to the law is for women whose health is at serious risk.
The bill passed in the Senate after nearly five hours of debate, during which Democrats did most of the talking. The state Senate had previously scrapped a vote amid a heated floor debate over Republican efforts to remove exceptions for pregnancies resulting from rape or incest. An amendment proposed by Democrat Bobby Singleton to reinsert those protections failed 21-11, with four Republicans joining the chamber's seven Democrats. Several other Democrat-sponsored amendments also failed.
The bill was passed by the Alabama House of Representatives on March 16, 2017, with a vote of 67 to 14. It was then taken up by the Alabama Senate on April 20, 2017, and approved with a vote of 25 to 7, with three members not voting. The bill was then amended by the House, which approved the amended version on April 25, 2017, with a vote of 73 to 24, with eight members abstaining.
The Alabama abortion ban is part of a wave of so-called "heartbeat bills" that have been passed by Republicans in Georgia and other conservative states. These bills aim to chip away at, or obliterate, abortion rights by banning abortion once a fetal heartbeat is detected, which usually occurs around the sixth week of pregnancy. The Alabama bill, however, goes further by seeking to outlaw abortion outright.
The bill's proponents hope that the legislation will spark a legal challenge leading to the demise of Roe v. Wade, the landmark 1973 decision that guaranteed a woman's right to an abortion until a fetus is viable. Abortion rights groups have said they will immediately mount a legal challenge to the measure, arguing that it violates Roe v. Wade.
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The bill was sent to Governor Kay Ivey's desk to be signed into law
The bill to ban abortions in Alabama was sent to Governor Kay Ivey's desk to be signed into law. Ivey, a Republican, had not initially commented on the legislation, but she was expected to sign it. Ivey had long identified as anti-abortion.
The bill's sponsor, State Rep. Terri Collins, said she expected the governor to support the ban. She added that the law was not meant to be a long-term measure, and that lawmakers could add a rape exception if states regained control of abortion access.
The bill passed by a 25-6 margin, and Ivey's signature would make performing an abortion a felony punishable by up to 99 years or life in prison for the abortion provider. The only exception would be when the woman's health is at serious risk.
The bill was part of a wave of so-called
The Alabama bill was different in that it sought to outlaw abortion outright, with almost no exceptions. The only exception was for pregnancies that posed a health risk to the mother, but not for rape and incest.
The bill's proponents hoped that the legislation would spark a legal challenge leading to the demise of Roe v. Wade, the landmark 1973 decision that first legalized abortion.
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The bill's proponents want to overturn Roe v. Wade
Roe v. Wade established a constitutional right to abortion, ruling that the Constitution's guarantees of liberty covered a woman's decision to terminate her pregnancy. The decision was based on the Fourteenth Amendment's concept of personal liberty and restrictions upon state action.
However, the bill's proponents argue that abortion is not explicitly mentioned in the Constitution and that the decision to legalise abortion was an example of judicial activism. They believe that the issue of abortion should be decided by state legislatures and voters, not the Supreme Court.
By passing the bill, proponents hope to spark a legal challenge that will lead to the demise of Roe v. Wade and allow states to ban abortion. They argue that the Supreme Court's new conservative majority is poised to chip away at, or perhaps obliterate, abortion rights.
The bill includes exceptions for pregnancies that pose a health risk to the mother but not for rape and incest, which have typically been included in other legislation limiting abortion. Doctors who perform abortions could face up to 99 years in prison—effectively a life sentence.
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Frequently asked questions
The Alabama Abortion Policy Amendment, also known as Amendment 2, was a ballot measure that appeared on the November 6, 2018 election ballot in Alabama as a legislatively referred constitutional amendment. It was approved with a vote of 25-6.
The amendment amended the state constitution to declare that it is the state's policy to "recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life". It also ensured the protection of these rights "in all manners and measures lawful and appropriate" and stated that nothing in the constitution secures or protects a right to abortion or requires the funding of an abortion.
The amendment was approved by all voting Republicans and three voting Democrats in the Alabama legislature.
The following Alabama legislators voted against the amendment:
- Rep. Marcel Black (D-3)
- Rep. Laura Hall (D-19)
- Rep. Barbara Boyd (D-32)
- Rep. John Rogers, Jr. (D-52)
- Rep. Rod Scott (D-55)
- Rep. Louise Alexander (D-56)
- Rep. Rolanda Hollis (D-58)
- Rep. Mary Moore (D-59)
- Rep. Juandalynn Givan (D-60)
- Rep. Thomas E. Jackson (D-68)
- Rep. Kelvin Lawrence (D-69)
- Rep. Christopher J. England (D-70)
- Rep. Ralph Howard (D-72)
- Rep. Thad McClammy (D-76)
- Rep. John Knight (D-77)
- Rep. Pebblin Warren (D-82)
- Rep. George Bandy (D-83)
- Rep. Berry Forte (D-84)
- Rep. Dexter Grimsley (D-85)
- Rep. Adline Clarke (D-97)
- Rep. Napoleon Bracy Jr. (D-98)
- Rep. James Buskey (D-99)
- Rep. Barbara Drummond (D-103)