Alabama Abortion Activists Scored A Major Win As Federal Judge Blocks Near-Total Abortion Ban
A federal judge has temporarily halted a near-total abortion ban from going into effect in Alabama, originally slated for enforcement on November 15. That decision, made by U.S. District Judge Myron Thompson, blocks all of the near-total abortion bans passed by red states this year. The law would have criminalized both doctors who perform abortions and the women who receive them, with no exception for rape or incest victims. Doctors who performed the procedure would be faced with prison sentences up to 99 years.
While this is all very good news for women, especially the rapidly growing Latino population in Alabama, the decision just brings the question of abortion closer to the Supreme Court, where anti-abortion legislators hope to overturn Roe v. Wade.
“It defies the United States Constitution,” writes U.S. District Judge Myron Thompson.
Alabama’s Human Life Protection Act “violates Supreme Court precedent,” because it bans abortion before the fetus is viable, Thompson writes. Thompson goes on to discuss the irreparable harm that enforcement of the ban would cause while awaiting the court to decide on the matter. “Enforcement of the ban would yield serious
and irreparable harm violating the right to privacy and preventing women from obtaining abortions in
Thompson puts it bluntly: “A near-total ban imposes
substantial costs on women,” he concludes, referring to the financial and emotional cost on women who are unable to obtain an abortion, along with the women who would be so desperate, they may attempt to self-abort at great risk to their own health.
All this to say that Alabama, Georgia, Missouri, Arkansas, Kentucky, Ohio, and Utah are all still places women can legally exercise their reproductive rights.
As quickly as these states passed their severely restrictive abortion bans, some that were so early in the pregnancy that most women aren’t even aware that they’re pregnant yet, the ACLU filed a lawsuit. As the non-profit announced the news, supporters flooded Twitter with comments like “HELL YEAH” and “Thank you, thank you, thank you for all the work that you do!”
Of course, just as many opponents of the decision have made their opinion heard, too. “The ACLU used to defend free speech. Now they advocate infanticide,” tweets one Richie Angel. Latinas might be the loudest voices yet, because one Maria Florencia Freijo responded to Richie, “Callate pelotudo. Shut UP.”
Abortion restrictions disproportionately affect low-income POC, and legislators know it.
“Many Latinxs understand that these bans only serve to hurt our community,” Maria Elena Perez, Deputy Director of the National Latina Institute for Reproductive Health (NLIRH) told POPSUGAR. “What we know to be true about these restrictions is that they disproportionately affect low-income people of color who are forced to travel long distances and pay high costs to obtain abortion care. People with means will always seek abortion care somewhere else. And undocumented Latinx immigrants, many of whom cannot travel for fear of detention and deportation, have even fewer options.”
In fact, research shows that the majority of Latinxs, regardless of religious faith, don’t want to see Roe v. Wade overturned.
When the Alabama ban was initially passed in March, a #YouKnowMe hashtag was born.
Amidst the initial fury that Alabama lawmakers elected to force any child or adult who was raped by a stranger or family member to carry the baby to full-term, women rallied. They flooded the Alabama statehouse and, if they couldn’t, they shared their abortion stories on social media under the hashtag #YouKnowMe.
Once again, women must actively humanize themselves and their experiences for the men in power to listen. It shouldn’t matter if it’s your mother, your sister, or your daughter, because we’re full-fledged human beings who deserve rights no matter what we mean to you. For so many women, #YouKnowMe became a way to lift the shame around abortion and empower young women to choose how they want to start a family.
Women across America are celebrating the victory.
The fight is far from over. “As we have stated before, the State’s objective is to advance our case to the US Supreme Court,” Alabama Attorney General Steve Marshall said, “where we intend to submit evidence that supports our argument that Roe and Casey were wrongly decided and that the Constitution does not prohibit states from protecting unborn children from abortion.” That leads many concerned over women’s reproductive rights, given the Supreme Court’s most recent Justice, Brett Kavanaugh.
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