A law from the 1800s carried a misdemeanor penalty for using any drug, instrument, or other means to induce an abortion unless it was to preserve the life or health of the woman. State Rep. Chris England explains why he has filed a bill to repeal the law:
Published:An Alabama lawmaker wants to repeal the state’s ban on abortion that was in effect before Roe v. Wade.
Like bans on abortion in all states, the law was nullified by the U.S. Supreme Court’s Roe v. Wade decision in 1973, which said women had a constitutional right to abortions. But that old law remains -- Code of Alabama 13A-13-7. Rep. Chris England, D-Tuscaloosa, has filed a bill in advance of the upcoming legislative session that would repeal it.England said if the Human Life Protection Act was ever blocked by a court or for some reason was no longer the state’s operative abortion law, he believes the old law could open a pathway to prosecuting a woman for having an abortion.
“I don’t think the Human Life Protection Act is going to be enjoined,” said Johnston, who is president of the Alabama Pro Life Coalition. “I think it’s secure. And if it was, then that old law is still there. That law came from the 1800s. There’s no point in getting rid of that.”
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