Abortion advocates sue Alabama AG over prosecution threats for out-of-state travel

A group that supports people who need out-of-state abortions in the Deep South sued Alabama’s Republican attorney general Monday, following his threats to prosecute anyone who assists residents who want to travel out of state for an abortion.

The Yellowhammer Fund argued Attorney General Steve Marshall’s threats create an illegal chilling effect on the group’s freedom of expression and have forced the group to stop operating its abortion fund due to fear of prosecution.

Alabama banned nearly all abortions after the Supreme Court overturned Roe v. Wade, even in cases of rape or incest. Lawmakers in the state are also considering legislation that would allow people who get abortions to be prosecuted for murder and assault in certain situations.

Earlier this year, Marshall threatened to prosecute anyone who “aids and abets” in an abortion. The confusion surrounding that statement resulted in “an increased sense of fear and uncertainty for Plaintiff and pregnant people alike,” the group said in its complaint. 

“The Attorney General’s threats violate Yellowhammer Fund’s constitutional rights to free expression, association, travel, and due process and intrude on the sovereignty of states where abortion is legal,” the group wrote. 

In a related lawsuit, a group of health providers sued Marshall because he explicitly threatened providers with felony charges for assisting Alabamians seeking to travel out of state to obtain an abortion.

The providers, represented by the ACLU of Alabama, said they are afraid to even share information about obtaining an abortion in places where it’s still legal for fear of prosecution. 

The clinics suing do not provide abortion care, but they said they are scared to even provide abortion-adjacent care like counseling or directing women to websites where they could order abortion pills if it’s earlier enough in the pregnancy. 

“As a result of the Attorney General’s threat, my staff cannot provide vital information and recommendations regarding legal medical care in other states, despite their expertise and professional knowledge as to which out-of-state providers are best suited to each patient’s specific medical circumstances, because they know that to do so is to open themselves up to potential arrest and prosecution,” said Robin Marty, operations director for the West Alabama Women’s Center, in a statement.

In a statement to The Hill, Marshall’s office said the attorney general “will continue to vigorously enforce Alabama laws protecting unborn life which include the Human Life Protection Act. That includes abortion providers conspiring to violate the Act.”

Updated at 1:25 p.m.