Dothan, ALA.— A federal judge ruled Monday that Alabama’s attorney general cannot prosecute individuals or organizations helping Alabama women travel to other states for abortions, marking a significant legal victory for abortion rights advocates.
U.S. District Judge Myron Thompson issued a 131-page opinion siding with the Yellowhammer Fund, an abortion assistance organization, and several medical providers who had sued Alabama Attorney General Steve Marshall. The lawsuit came after Marshall suggested that those who aid in facilitating out-of-state abortions could face prosecution under Alabama’s conspiracy laws. Judge Thompson’s ruling blocked any such prosecutions, asserting that they would violate the First Amendment and the constitutional right to travel.
Alabama’s strict abortion laws, which ban the procedure at any stage of pregnancy with no exceptions for rape or incest, have severely restricted access to abortion within the state. Since the Supreme Court’s 2022 decision to overturn Roe v. Wade, abortion access has become increasingly restricted in states like Alabama. In response, organizations like the Yellowhammer Fund have stepped in to provide financial and logistical assistance to women seeking out-of-state abortion care.
Marshall has not pursued any criminal charges under the conspiracy laws, but he had signaled his intent to “closely” monitor the situation. His office had raised concerns that individuals or groups aiding in the travel for abortions could be violating Alabama law by assisting in the commission of what is illegal in the state.
Thompson’s ruling emphasized that while Alabama may regulate activities within its own borders, it cannot extend its reach into other states where abortion is still legal. The judge compared the state’s actions to attempting to prosecute Alabama residents for participating in activities legal in other states, such as attending a bachelor party in Las Vegas, where gambling is allowed but prohibited in Alabama.
In a statement following the ruling, Jenice Fountain, the executive director of Yellowhammer Fund, hailed the decision as a victory for pregnant Alabamians in need of out-of-state abortion care. “The efforts of Alabama’s attorney general to isolate pregnant people from their communities and support systems has failed,” Fountain said.
Alabama’s attorney general’s office responded by stating it was reviewing the decision and considering its next steps, including any potential appeals.
The ruling is seen as a crucial moment in the ongoing legal battles over abortion access in the post-Roe v. Wade era, particularly in states with stringent abortion laws. It reinforces the right of individuals to seek lawful medical care across state lines, even when that care is in conflict with their home state’s laws.
For now, the Yellowhammer Fund and other organizations assisting women in Alabama can continue their work without fear of prosecution, ensuring that those who need abortion services have the support to access care in states where it remains legal.
