FOR IMMEDIATE RELEASE
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MONTGOMERY, Ala. — A federal judge has issued a ruling making it clear that Alabama Attorney General Steve Marshall and district attorneys across the state cannot prosecute individuals, including health care providers and reproductive justice organizations, for helping pregnant Alabamians travel across state lines to access abortion care in states where abortion is legal. A group of health care providers filed this lawsuit in 2023 after Attorney General Marshall explicitly threatened that anyone who assists a pregnant Alabamian in accessing legal, out-of-state abortion care could face felony charges. As the federal court held today, the attorney general’s threats blatantly violate the constitutional rights to free speech and to travel freely across state lines.
In the ruling, Judge Myron Thompson said, “At its core, this case is simply about whether a State may prevent people within its borders from going to another State, and from assisting others in going to another State, to engage in lawful conduct there. . . . The court now answers no, a State cannot.”
Due to Attorney General Marshall’s threats, Alabama health care providers were forced to stop providing crucial information, counseling, and practical support to Alabamians seeking to exercise their constitutional right to travel and obtain legal abortion care outside Alabama. Abortion was outlawed in Alabama in 2022 after the Supreme Court overturned Roe v. Wade, so the ability to safely access out-of-state abortion is critical for patients in Alabama seeking that care. As a result of today’s decision, local health care providers are once again able to share information about and recommendations for specific, trusted out-of-state abortion providers, as well as financial and practical support resources, and can directly assist pregnant people in traveling across state lines, without the threat of criminal prosecution.
Statement from Robin Marty, executive director, West Alabama Women’s Center:
“We are thrilled that, with the court’s decision today, we are once again able to inform our patients and other pregnant Alabamians about where and how to safely obtain legal, time-sensitive abortion care outside of Alabama, and to point them towards resources that can help them in traveling across state lines to access that care. Health care providers should be able to support their patients in accessing all of their legally available medical care options without undue political interference, and certainly without the threat of criminal prosecution. While there’s still a long way to go in making that a reality in Alabama, today’s ruling is a step in the right direction.”
Statement from Dr. Yashica Robinson, medical director, Alabama Women’s Center:
“As medical professionals, we have an obligation to ensure that our patients have the information and support they need in order to make and effectuate their own decisions about their health, their bodies and their pregnancies, including the decision to have an abortion. The notion of criminalizing us for providing this vital information and support to our patients is not just ludicrous but counter to everything a patient expects from their health care provider. We are relieved that, with today’s ruling, we will once again be able to provide our patients and the communities we serve with the assistance that we feel ethically obligated to provide, without the threat of being thrown in jail for doing so.”
Statement from Meagan Burrows, senior staff attorney with the ACLU Reproductive Freedom Project:
“We are pleased that the court has put a stop to Attorney General Marshall’s attempt to prevent pregnant Alabamians from accessing the legal, out-of-state abortion care they need. The court’s decision today should send a strong message to any and all anti-abortion politicians who are considering similar efforts to muzzle health care providers or penalize those who assist others in crossing state lines to obtain legal abortion: such attacks on free speech and the fundamental right to travel fly in the face of the Constitution and cannot stand.”
Statement from Alison Mollman, legal director, ACLU of Alabama:
“The court’s decision today allows health care providers and others to resume providing vital information and assistance to those seeking to travel across state lines to access legal abortion care. This decision is certainly a win, but the fact of the matter is that abortion remains out of reach for Alabamians who are often unable to jump through the logistical hoops necessary to take time away from their jobs and families and make the often lengthy and expensive trip out of state for abortion. In a state like Alabama, which has one of the highest maternal mortality rates in the nation, the inability to access this often life-saving care can have grave consequences. While we breathe a sigh of relief today, we won’t stop fighting until true reproductive freedom for every Alabamian is secured.”
This information and direct support are essential for those who need to travel to access abortion care. Indeed, without such assistance, pregnant people living in states that have banned abortion, like Alabama, will be significantly delayed in finding and accessing safe out-of-state abortion care, and potentially even forced to give birth against their will. This could have deadly consequences for Alabamians as a state that has one of the highest maternal mortality rates in the nation.
The lawsuit, West Alabama Women’s Center, et al. v. Marshall, et al., was filed in the U.S. District Court for the Middle District of Alabama in Montgomery by the American Civil Liberties Union and the ACLU of Alabama on behalf of West Alabama Women’s Center, Dr. Yashica Robinson, and Alabama Women’s Center. A similar case was filed in federal court by the Lawyering Project on behalf of the Yellowhammer Fund. The cases were consolidated and decided together.
A copy of this release can be found here.
