Alabama’s Republican attorney general is being sued after threatening to prosecute anyone who assists those travelling out-of-state for an abortion.
The Yellowhammer Fund filed a lawsuit against Steve Marshall’s office on Monday, arguing that the threats infringe on patients' right to travel. The group said that the assault on their freedom of expression has forced them to stop operating their abortion fund out of fear of prosecution.
Marshall previously threatened to prosecute anyone who “aids and abets” in an abortion. Yellowhammer said in their suit that the vagueness of the statement has created “an increased sense of fear and uncertainty for Plaintiff and pregnant people alike."
“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.
Abortion has been illegal in Alabama at any stage of pregnancy since the Supreme Court overturned Roe v. Wade, even in cases of rape or incest. Lawmakers are currently considering legislation that would mandate that people who get abortions be prosecuted for murder and assault.
A separate lawsuit was filed against Marshall by healthcare providers in the state, represented by the ACLU of Alabama. The clinics in the suit do not provide abortions themselves, but claim that Marshall's threats make them unable to share information about obtaining abortions, even where it is legal, which is a violation of their First Amendment rights.
Robin Marty, operations director for the West Alabama Women’s Center, said in a statement: “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."
