Abortion Bans

NEAR-TOTAL

Alabama has not repealed its pre-Roe abortion ban, which is unconstitutional and unenforceable.

The ban provides that any person who willfully administers or prescribes to a pregnant woman any drug or substance or employs other means to induce an abortion, unless the abortion is necessary to preserve the woman's life or health, will be fined from $100 to $1000 and may also be imprisoned or sentenced to hard labor for up to a year.  Ala. Code § 13A-13-7 (Enacted 1852; Last Amended 1975).

AFTER 12 WEEKS

Alabama's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  Ala. Code §§ 26-23-1 to 26-23-6 (Enacted 1997).

A court held that this ban is unconstitutional and unenforceable because it does not contain an exception to protect women's health, and because its wording is so broad that it covers "pre-viability second trimester abortions."  Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001).  The U.S. Supreme Court previously held that a similar ban that lacks an exception to protect a woman's health and that bans more than one abortion procedure places an undue burden on a woman's right to choose and is unconstitutional.  Stenberg v. Carhart, 530 U.S. 914 (2000).

Alabama's unconstitutional and unenforceable law makes the performance of any abortion procedure that falls within a broad definition a felony unless it is necessary to preserve the woman's life.  Ala. Code §§ 26-23-1 to 26-23-6 (Enacted 1997).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.