Alabama House of Representatives Passes The Alabama Human Life Protection Act, Effectively Banning Abortion.

Published by Matt Fishman on

On Wednesday May 15, 2019 Alabama Governor Kay Ivey signed The Alabama Human Life Protection Act into law (1). The bill makes it “unlawful for any person to intentionally perform or attempt to perform an abortion except… if an attending physician licensed in Alabama determines that an abortion is necessary in order to prevent a serious health risk to the unborn child’s mother” (2). A physician found guilty of violating this act will be treated as committing a Class A felony, subjecting them to up to 99 years in prison with a minimum sentence of 10 years (2,3); and a physician found attempting to perform an abortion will be treated as committing a Class C felony, subjecting them to up to 10 years in prison with a minimum sentence of 1 year (2,3). However, “[n]o woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable” (2). Alabama’s statute criminalizing abortion, Section 13A-13-7, Code of Alabama 1975, has never been repealed… but, has remained unenforceable as a result of the U.S. Supreme Court decision in Roe v. Wade” (2). Governor Ivey admits that “at least for the short term, this bill may similarly be unenforceable”, but hopes it will prompt “the U.S. Supreme Court to revisit this important matter” (1).

  1. https://governor.alabama.gov/statements/governor-ivey-issues-statement-after-signing-the-alabama-human-life-protection-act/
  2. https://legiscan.com/AL/text/HB314/id/2018876/Alabama-2019-HB314-Enrolled.pdf
  3. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-5-6.html

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