Ahead of the next legislative session, three proposals that would impact abortion rights in the state have been submitted.
A bill introduced by Sen. Vivian Davis-Figures, a Democrat from Mobile, would do away with the state’s existing abortion laws, which forbid them altogether and punish physicians who perform them.
SB13 suggests amending the state constitution to do away with Alabama’s abortion prohibition and establish women’s autonomy over their reproductive choices, including the ability to have abortions.
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The bill would permit the state to outlaw abortions beyond the point of “fetal viability,” with the exception of situations in which the mother’s health is at risk. The law would need additional action from the Legislature and does not, however, forbid abortion at any point in the pregnancy.
Republicans have hailed the overturning of Roe v. Wade as a significant achievement, therefore it seems unlikely that the supermajority will allow the bill to pass. In order to become a ballot question, it would need to be approved by Alabamans if it managed to pass out of the Legislature.
The state’s current legislation would be slightly amended by House Minority Leader Anthony Daniels, a Democrat from Huntsville, who would add exclusions for incest and rape.
Although lawmakers were asked to pass a clean bill to challenge Roe v. Wade, which was still in effect at the time, they took those exceptions into consideration when passing the original legislation in 2019. The bill’s author, Eric Johnston, has advised lawmakers not to make exceptions, despite the landmark ruling being overturned. He claims this is because it contradicts the state’s stance that life must be preserved from conception.
Daniels has stated unequivocally that he would like to repeal the state’s laws in their entirety, but he is willing to work toward creating exceptions in order to achieve this objective.
Additionally, Rep. Chris England, a Democrat from Tuscaloosa, has reintroduced his bill to repeal an Alabama statute that conflicts with the state’s main abortion law.
Although the 2019 abortion ban clearly shields mothers from prosecution for taking part in an abortion, there is an outdated statute that might be construed to make it a misdemeanor for women to try to induce an abortion.