Connect with us

Hi, what are you looking for?

News

Federal judge: Alabama can’t prosecute citizens who help women get out-of-state abortions

Marshall had threatened to prosecute those helping women get out-of-state abortions, claiming they were complicit in a crime.

Attorney General Steve Marshall gives a speech during the inaugural ceremony on Jan. 16, 2023. Inauguration Committee/Bryan Carter

U.S. District Judge Myron Thompson ruled Monday evening that the State of Alabama cannot prosecute groups or individuals who help Alabama women travel to get a legal abortion out of state.

Attorney General Steve Marshall had threatened to prosecute such groups on the grounds that abortion is outlawed in the state, and that groups helping women to get abortions out of state were therefore complicit in a crime.

In a declaration of summary judgment on behalf of the plaintiffs, Thompson said applying that same argument to other circumstances reveals its flaws.

“For example, the Alabama Attorney General would have within his reach the authority to prosecute Alabamians planning a Las Vegas bachelor party, complete with casino-style gambling, since casino-style gambling is outlawed in Alabama,” Thompson wrote.

Yellowhammer Fund, an Alabama abortion fund, alleged that the Attorney General’s threats of prosecution were preventing it from providing support to pregnant Alabamians who seek legal care across state lines and therefore sued the Attorney General in July 2023. 

“Today is a good day for pregnant Alabamians who need lawful out-of-state abortion care,”said Jenice Fountain, Executive Director of Yellowhammer Fund. “The efforts of Alabama’s attorney general to isolate pregnant people from their communities and support systems has failed.”

Marshall had publicly considered the possibility of prosecuting individuals who provide assistance to women seeking abortions, but the state has not charged anybody with such a crime.

Advertisement. Scroll to continue reading.

Jacob Holmes is a reporter at the Alabama Political Reporter. You can reach him at [email protected]

More from APR

Courts

Reveal's Nina Martin reports on Alabama's attempt to criminalize helping women access out-of-state abortions and Yellowhammer Fund's legal victory.

Legislature

The bill is out of step with some anti-abortion advocates who have said the focus should be on criminalizing providers, not women who seek...

Legislature

The ACLU of Alabama’s 2025 priorities include criminal justice reform, voting rights, reproductive justice and protecting First Amendment freedoms.

Congress

“For daughters like mine and future generations, we need to celebrate and protect women and girls in sports," Britt said.