Alabama House approves near total ban on abortion

MONTGOMERY, Ala. – The Alabama House on Tuesday approved a measure that would impose a near-total ban on abortion in the state.

The vote was 74-3, with nearly all Democrats walking out of the chamber before the vote.

The bill, sponsored by Republican Rep. Terri Collins, makes it a Class A felony – punishable by life or 10 to 99 years in prison – for a doctor to perform an abortion. Attempting to perform an abortion would be a Class C felony, punishable by one to 10 years in prison. The woman seeking an abortion would not face charges.

If it passes the Senate and is signed by Gov. Kay Ivey, the measure would be one of the most sweeping abortion restrictions in the nation. Collins said during the debate the measure is meant to challenge Roe v. Wade, the 1973 U.S. Supreme Court decision that legalized abortion in the first trimester of pregnancy.

State Reps. Terri Collins and Merika Coleman speak during a human trafficking legislation press conference at the Alabama State House in Montgomery, Ala., on Saturday, Dec. 31, 2011.
State Reps. Terri Collins and Merika Coleman speak during a human trafficking legislation press conference at the Alabama State House in Montgomery, Ala., on Saturday, Dec. 31, 2011.

"The heart of this bill is to confront a decision that was made by the courts in 1973 that said the baby in the womb is not a person," Collins said. "This bill addresses that one issue. Is that baby in the womb a person? I believe our law says it is. I believe our people say it is. And I believe technology shows it is."

The legislation does not provide exceptions for cases of rape or incest. Abortions could only be performed if the life of the mother was threatened, or if a mental illness meant giving birth would lead to the woman's death or that of her child. The bill would also provide an exception for a "lethal anomaly," where the child would die shortly after birth or be stillborn.

"It’s time for the state of Alabama to lead for once," GOP Rep. Rich Wingo said. "Let’s lead and do the right thing."

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The bill drew strong opposition from Democrats, who raised several objections, including the lack of exceptions for victims of sexual assault. House Minority Leader Anthony Daniels offered an amendment to provide exceptions for rape and incest. Collins, saying the exceptions would dilute her planned challenge to Roe v. Wade, moved to table the amendment. The House voted 72-26 to table the proposal, which brought criticism from Daniels.

"What does that say to the women in the state and the mothers in the state and the grandmothers in the state?” Daniels said at a news conference shortly after the chamber rejected the amendment.

A protest is held against HB314, the abortion ban bill, at the Alabama Statehouse in Montgomery, Ala., on Wednesday April 17, 2019.
A protest is held against HB314, the abortion ban bill, at the Alabama Statehouse in Montgomery, Ala., on Wednesday April 17, 2019.

Staci Fox, the president and CEO of Planned Parenthood Southeast, which operates clinics in Birmingham and Mobile, said in a statement that they would push against the bill.

“We expected this vote to happen and we are ready for a fight in the Senate," the statement said. "Today’s floor debate made it crystal clear what Alabama lawmakers think about women."

Democrats raised other objections to the legislation, saying it would be a waste of taxpayer dollars and reduce women's health care choices. Democrats also criticized majority Republicans for inadequate attention to education and social services.

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"I do support life," said Democratic Rep. Merika Coleman. "But there are some people that just support birth. They don’t support life."

Most Democrats walked out of the House chamber before the vote.

"We really wanted them to have it all alone," said Rep. A.J. McCampbell, D-Livingston. "It's theirs now."

Collins' bill, HB314, is one of many attempts at overturning Roe v. Wade that Republican-controlled state legislatures have pushed this year. Ohio, Mississippi and South Carolina have all passed bills that ban abortion at the detection of a fetal heartbeat. Collins pushed similar measures in previous years, but they did not come out of the Alabama Legislature.

Follow Brian Lyman on Twitter: @lyman_brian

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This article originally appeared on Montgomery Advertiser: Alabama House approves near total ban on abortion