Alabama House Passes Bill Banning Abortion

MONTGOMERY, AL - A bill banning abortions statewide in Alabama - even in the case of rape or incest - passed the Alabama House of Representatives this week. The bill, HB314, passed by a vote of 74 to 3.

The bill would make it a Class A felony for a doctor to perform an abortion and a Class C felony for attempting to perform an abortion unless there is a serious health risk to the mother.

An Alabama Media Group report said Merika Coleman, the Assistant Minority Leader, suggested an amendment that would make legislators who vote for the bill pay for the the ultimate legal challengers the bill would incur with their own salaries. The amendment was tabled with a vote of 61-27.

Rep. Louise Alexander, D-Bessemer asked Rep. Mike Jones, R- Andalusia, what he would do if either of his daughters were raped and became pregnant. He said he could not know what he would do unless he was faced with that reality, to which she said proved her point.

"Nobody knows what a woman goes through," Alexander said. "I know you don't because you're not a woman. You don't know why I would want to have an abortion. It could be because of my health, it could be for many reasons. My choice is important. I just want to say one thing. Until all of you walk in a woman's shoes, y’all don't know."

The bill will likely be challenged in court, just as the amendment to the Alabama Constitution of 1901 on the ballot last fall will likely be challenged.

The ACLU of Alabama has promised to fight the bill if passed. The state paid ACLU of Alabama and Planned Parenthood $1.7 million in 2016 after a law requiring abortion providers to have hospital admitting privileges was ruled unconstitutional.

Brannon Denning, Associate Dean at Samford University's Cumberland School of Law, said last year when Amendment 2 was placed on the November ballot, that state laws such as these are being passed in case the Supreme Court overturns Roe v. Wade.

"If the Supreme Court were to overrule Roe and Casey, withdraw all constitutional protection for abortion, and return the issue to the states, then, yes, that amendment would make abortion illegal in the state," Denning said. "A case would have to make its way up the court system and four justices would have to vote to hear the case – the Court isn't a self-starting institution – and even then I'm not sure that five justices feel strongly enough to overrule."