An organization supporting individuals seeking out-of-state abortions in the Deep South has filed a lawsuit against Alabama’s Republican Attorney General, accusing him of threatening to prosecute those who assist residents in obtaining abortions outside the state.
The Yellowhammer Fund claims that these threats by Attorney General Steve Marshall have created an unlawful chilling effect on the organization’s freedom of expression, causing them to halt their abortion fund due to fear of prosecution.
In Alabama, all abortions have been banned following the Supreme Court’s overturning of Roe v. Wade, even in cases of rape or incest. State lawmakers are also considering legislation that could lead to murder and assault charges for individuals who have abortions in certain situations.
Earlier this year, Marshall warned that he would prosecute anyone who aids and abets in an abortion. The ambiguity surrounding this statement has only intensified the fear and uncertainty among both the Yellowhammer Fund and pregnant individuals, according to the group’s complaint.
“The Attorney General’s threats violate the Yellowhammer Fund’s constitutional rights to free expression, association, travel, and due process, and also infringe on the sovereignty of states where abortion is legal,” the group argued.
In a separate lawsuit, a group of healthcare providers sued Marshall after he explicitly threatened them with felony charges for assisting Alabama residents seeking out-of-state abortions.
These providers, represented by the ACLU of Alabama, are now afraid to even share information about where to obtain an abortion in states where it remains legal, for fear of prosecution.
Although the clinics involved in the lawsuit do not offer abortion services, they have expressed fear in providing abortion-adjacent care, such as counseling or directing women to websites where they can order abortion pills if their pregnancy is still at an early stage.
“Due to the Attorney General’s threat, my staff is unable to provide crucial information and recommendations regarding legal medical care in other states, despite their expertise and knowledge of which out-of-state providers are best suited for each patient’s specific medical circumstances. They know that doing so could potentially lead to their arrest and prosecution,” stated Robin Marty, Operations Director for the West Alabama Women’s Center.
In response to the allegations, Marshall’s office stated, “The Attorney General will continue to vigorously enforce Alabama laws protecting unborn life, including the Human Life Protection Act. This includes taking action against abortion providers who conspire to violate the Act.”
Updated at 1:25 p.m.
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