Alabama AG responds to abortion fund's lawsuit
AG Steve Marshall contends that talking about getting abortion out-of-state means person committed criminal conspiracy
In a court brief filed Thursday, Alabama’s Attorney General argued that he can prosecute people who conspire to get abortions out of state.
If it were accepted as an argument by the courts, it would primarily affect abortion funds and people who help those who need abortions. The Yellowhammer Fund, an abortion rights nonprofit in the state, sued Alabama AG Steve Marshall because they argued it violated their First Amendment rights. That lawsuit was filed on July 31.
Marshall argues in his brief that conspiracies to commit what would be considered a crime in his state are not protected under the First Amendment. Furthermore, he argues that his state’s residents are bound by its law in all parts of the country–even if they get an abortion in a state where it is legal.
At the center of his argument, Marshall said that if people who live in the state conspire to get an abortion anywhere, then that’s a prosecutable offense.
“A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state,” Marshall said in the brief.
In 2019, Alabama passed The Alabama Human Life Protection Act, which severely limited abortion rights. The law made it illegal to intentionally perform or attempt an abortion except to address specific health risks to the mother or unborn child. It is a Class C felony.
In a news release when the case was filed, Yellowhammer Fund Executive Director Jenice Fountain criticized the attorney general for his approach to abortion law enforcement.
“Abortion funds do more than simply provide aid. They send a message of solidarity to those who are persecuted by the State of Alabama for seeking to control their reproductive Health,” Fountain said. “That message is both that our humanity and dignity are interconnected and that the State’s efforts to isolate and oppress pregnant people cannot break that bond. The attorney general objects to that message and has targeted us and those who wish to help pregnant people leave the state for lawful abortion care.”