Raw Story reports that newly-elected state Rep. Ernie Yarbrough introduced HB 454 on Tuesday. His bill would charge women who have abortions in Alabama with murder.
Elura Nanos reported on the story and wrote: “The law would also add a provision that ‘prosecutions of homicide or assault where the victim is an unborn child shall be treated the same as prosecutions of homicide or assault of a person born alive.’”
The report continued by saying: “Alabama’s proposed HB 454 allows a defense if a person was ‘compelled… by threat of imminent death or serious physical injury to himself or another,’ but only if the person using that defense did not ‘place[] himself in a situation in which it was probable that he would be subjected to duress,’” and “Notably, the bill’s language uses male pronouns to describe those who may be prosecuted under it, even though abortions are normally obtained only by pregnant women.”
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Some other states are also considering similar legislation. Texas and Louisiana are among the states contemplating this idea as well. South Carolina even debated a bill that would make having an abortion a crime that could be punished with death.
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Several states moved to outlaw abortion within their borders after the Supreme Court ruled in the Dobbs decision that abortion rights are a state’s issue. For the most part, the states have decided to go after abortion providers rather than the women who have abortions themselves. Now, some states have seemingly decided that this is not enough. They want to go further and charge women criminally if they choose to have an abortion.
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The report on this proposed Alabama law reads:
“Should Alabama adopt HB 454, the Yellowhammer State may choose to re-interpret its own state constitution, but the legislation would bind courts to interpret the U.S. Constitution to confer due process or equal protection rights onto ‘preborn children’ or any other classes that have not been recognized on the federal level,”
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and
“The idea of recognizing fetuses as legal persons with constitutionally-protected rights is nothing new in conservative circles. However, the Supreme Court has so far declined to interpret the Constitution as guaranteeing fetal personhood. Indeed, last October, the Court denied review in a case that would have allowed fetuses the right to sue in court.”
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