"You just said to my daughter, you don't matter...//Emma Lathan M.S.

Photo Credit: Mickey Welsh with the Montgomery Advertiser

"You just said to my daughter, you don't matter, you don't matter in the state of Alabama." -- Bobby Singleton

On 05/14/2019, the Alabama Senate passed a near-total abortion ban entitled the Alabama Human Life Protection Act (HB 314) with a 25-6 vote. Governor Kay Ivey signed the bill the following day. While this bill has not yet gone into effect, it is alarmingly close.

But what does this bill actually mean? In sum, HB 314 would “make abortion and attempted abortion felony offenses except in cases where abortion is necessary in order to prevent a serious health risk to the unborn child’s mother.” This bill would make it a felony for doctors to perform or attempt to perform an abortion, but the woman who receives the abortion would not be held criminally culpable. A performed abortion without serious health risk is a Class A felony (i.e., murder, rape, child sex abuse, kidnapping), punishable by 10 years to life. An attempted abortion is a Class C felony (i.e., criminally negligent homicide, stalking), punishable by 1 year 1 day to 10 years.

A serious health condition, or one “that so complicates her medical condition that it necessitates the termination of her pregnancy to avert her death or to avert serious risk of substantial physical impairment of a major bodily function” (HB 314) precludes criminal punishment of doctor. If serious health risk is determined by physician A, a second physician, physician B, must confirm physician A’s decision in writing unless there is a medical emergency. Physician B must confirm within 180 days of the abortion. Mental illness is only included if a second physician (licensed psychiatrist in the state of Alabama) documents serious mental illness and determines that there is reasonable medical judgement that she will engage in conduct that could result in her or the unborn child’s death.

For many women, victim advocates, and supporters of women’s rights, one of the most disturbing parts of this act is that it contains no exceptions for victims of rape or incest.  To the 25 men who would pass the bill, AL State Senator Vivian Figures stated, “You don't have to raise that child, you don't have to carry that child, you don't have to provide for that child, you don't have to do anything for that child… But yet you want to make that decision for that woman…” Moreover, AL State Senator Linda Coleman-Madison stated that white Republican men voting on this issue of women’s rights and reproductive health was comparable to “a dentist making a decision about a heart surgery.”

Many are arguing this act was designed and passed in ignorance and without consideration for women’s rights. If lawmakers were so concerned about human life protection, they would also outlaw invitro fertilization, which involves fertilizing multiple embryos and using only those with highest probability of implantation. However, Republican Senator Clyde Chambliss states “The egg in the lab doesn’t apply. It’s not in a woman.” Some think there is something more than “human life protection” that influenced this bill…

According to CNN, the American Civil Rights Union, national ACLU, Planned Parenthood, and Planned Parenthood of Southeast plan to challenge the bill within the upcoming weeks. Nonetheless, the act seeks to become effective six months from governor approval.

Written by: Emma Lathan, M.S.