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A lawsuit between Attorney General Steve Marshall and Yellowhammer Fund, an Alabama-based abortion fund, came to an end on March 31. Marshall attempted to hold that the State of Alabama could prosecute groups or individuals who help Alabama women travel to get a legal abortion out of state.
Kelsea McLain, Healthcare Access director at Yellowhammer Fund, said the decision to pause their operations came with a deep sense of frustration and injustice.
“It was very devastating to have to pause our abortion fund, especially because it just felt so unjust. It just felt like the law was being used in a really creative and not 100 percent justified way to violate and shut down our work. And we hadn’t prepared for that,” said McLain.
But U.S. District Judge Myron pointed out that applying the same argument to other situations exposes its weaknesses. Within an hour of the decision being released, Yellowhammer Fund went back to work.
“He was clearly not equally applying the law to all people and was being really selective with the creative ways he was trying to use the law. We have entire aspects of tourism dedicated to going and enjoying the permissibility of the laws other states have,” said McLain.
Alabama has one of the strictest bans on abortion in the country with no exceptions for rape or incest. It went into effect immediately when the Supreme Court overturned Roe v. Wade in the summer of 2022.
Just weeks after the abortion ban took effect, Marshall said that “If someone was promoting themselves out as a funder of abortion out of state, then that is potentially actionable for us.” Marshall taunted criminal prosecution for anyone who was assisting with out of state abortion care.
“After some of our board had heard about his comments and had time to run them by a lawyer, we collectively made the decision to pause our abortion funding service, but the threat seemed pretty serious and very targeted at us,” said McLain.
Of the 19 states with total abortion bans or legislation that restricts the procedure earlier in pregnancy than the standard set by Roe v. Wade, Alabama was the only state where an abortion fund was targeted in this manner.
“In general, we were the only abortion fund in the country that was forced to stop operating due to this type of threat from an attorney general, specifically threatening to weaponize an aspect of the law that has nothing to do with the work that we were doing, to criminalize us for doing that work,” said McLain.
While the legal process ensued, Yellowhammer Fund remained active in the community, providing support in the limited ways they could.
“With the way that the attorney general had worded his threat, it even extended to making referrals for care,” said McLain. “I couldn’t tell you where to go. I couldn’t give you a number or a website that would help you figure it out, but I could give you an article written by a journalist because we knew that was First Amendment protected speech.”
While Yellowhammer Fund was unable to provide abortion funding, the organization continued to make a powerful impact in communities across the state through its commitment to reproductive justice. As part of a statewide bus tour, Yellowhammer brought essential supplies directly to the people, distributing items like emergency contraceptives, condoms, pregnancy tests, period products and diapers.
Yellowhammer Fund is on the verge of relaunching its abortion support hotline. While there are still a few technical hurdles to clear, the core functionality is taking shape. Once it’s fully operational, the hotline will be a key access point for individuals at various stages of seeking abortion care.
“What it’s going to look like is people can reach out to us directly on our hotline, leave a voicemail, let us know what they need, and we will meet that need,” said McLain. “People who don’t have an appointment yet, who literally have just gotten a positive pregnancy test and just want to know what their options are—they can call us and figure out those options.”
In addition to appointment and travel funding, Yellowhammer is preparing to offer broader logistical and emotional support. Recognizing the unique challenges faced by people in rural areas, Yellowhammer is also focused on building local transportation and volunteer networks. Looking ahead, the organization is working on finding volunteers who can provide direct support during appointments.
“So often people need someone who will be like responsible for them while they’re receiving abortion care… or they might have a kid they need to bring with them. Once we have the hotline back open and we’re meeting the needs of people’s financial barriers, then we’ll start working on more of the on-the-ground ways that we can physically support people now that we know that there’s no risk in doing that,” said McLain.
