Alabama providers sue over threat of prosecution for abortion assistance

In the past, the Yellowhammer Fund helped people in Alabama navigate all kinds of barriers while accessing abortion care, from locating a provider to funding the procedure and even driving clients to their appointments. 

But that changed when abortion was outlawed in Alabama last year. Now, when people call for help, Yellowhammer Fund refers them to articles or websites, which is not nearly as helpful. 

“People are mad,” said Jenice Fountain, the nonprofit’s executive director. “They expect better from us, and so to hear, ‘Go check this out,’ and, ‘Go look here,’ to people that are already tired, that are already frustrated with a really heavy situation, it’s infuriating.” 

Yellowhammer Fund wants to resume services and help people access abortion care out of state, but they are fearful of possible prosecution by Alabama Attorney General Steve Marshall. 

The concern is the subject of two separate lawsuits filed Monday in federal court by Yellowhammer Fund and a group of reproductive healthcare providers. 

Both lawsuits cite comments Marshall made during a radio interview with The Jeff Poor Show last year, when he suggested that people could be prosecuted under a state conspiracy law for funding abortions outside of Alabama. 

“If someone was promoting themselves out as a funder of abortions out of state, that is potentially criminally actionable for us,” Marshall said during the interview.

Providers and advocates say the threat has created a “chilling” effect that further restricts access to abortion and general maternal health care. 

“Tragically, banning abortion in Alabama seems to not have been enough,” Dr. Yashica Robinson, medical director of Alabama Women’s Center, said in a statement. “Those in power want to muzzle providers like me to prevent us from sharing information with our pregnant patients about the options they have, including abortion care in states where it is legal, and supporting our patients in accessing that care. The Attorney General’s threat is yet another cruel attack on my patients’ ability to make the best medical decisions for their futures.”

Robinson and providers with West Alabama Women’s Center are named plaintiffs in one of the lawsuits, represented by the American Civil Liberties Union. Yellowhammer Fund is the sole plaintiff in the second suit, represented by attorneys with the Lawyering Project and the Southern Poverty Law Center. 

In both cases, lawyers contend that Marshall’s threats violate constitutional rights to free speech and interstate travel. They are asking for a federal court order that prevents Marshall from pursuing prosecution against people who assist others in obtaining abortion care across state lines. 

In response to the lawsuits, Marshall’s office said in a statement that he 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.”