The Alabama State Senate passed a bill Tuesday, May 14, to make abortion and attempted abortion a felony offense for the abortion provider—except in cases where abortion is needed to prevent a serious health risk to the mother.
On the day, Democrats had unsuccessfully pushed for an amendment that would create exceptions for instances of rape and incest. The amendment was voted down 21-11. Four Republicans voted for the rape and incest exception.
The bill now heads to Gov. Kay Ivey, a Republican, who has not confirmed whether she will sign the bill into law.
If the bill becomes law, it would take effect in six months. Critics have promised a swift lawsuit. Randall Marshall, executive director of the American Civil Liberties Union (ACLU) of Alabama, said a complaint is being drafted.
But Sen. Clyde Chambliss (R-Prattville), who sponsored the bill in the Senate, said that all unborn children deserve protection, AL.com reported.
Challenging Roe v. Wade
Rep. Terri Collins (R-Decatur) sponsored the bill and introduced it about six weeks ago. She said that the goal was to pass the bill in a form that would be able to challenge the 1973 Roe v. Wade ruling in the strongest way.In Roe v. Wade, the U.S. Supreme Court said that if unborn children are persons, then they have the right to life. The decision concluded that unborn children are not persons, and acknowledged that the case to prohibit states from banning abortions would “collapse” if “the fetus is a person,” because then its “right to life would then be guaranteed” by the Constitution.
According to AL.com, Collins said that if the U.S. Supreme Court overturned Roe v. Wade, states could then later decide what exceptions to allow. Collins said that if Roe v. Wade is overturned, she would support a rape and incest exception.
“I’ve answered many emails from people who have poured out their hearts with real stories that were true,” Collins told AL.com. “My goal with this bill is not to hurt them in any way. My goal with this bill, and I think all of our goals, is to have Roe vs. Wade turned over, and that decision be sent back to the states so that we can come up with our laws that address and include amendments and things that address those issues.”
“Roe v. Wade has ended the lives of millions of children,” Chambliss said in a statement, AP reported. “While we cannot undo the damage that decades of legal precedence under Roe have caused, this bill has the opportunity to save the lives of millions of unborn children.”
After the bill passed, Lieutenant Governor Will Ainsworth expressed his support.
Chambliss was asked about the legal costs the state would incur if the bill becomes law and is challenged in court.
“Life is a gift of our Creator and we must do everything that we can to protect life,“ he responded, AL.com reported. ”And if it is a couple of million dollars, that is a small, small price for those lives.”