Recently filed legislation in the Alabama House of Representatives would authorize prosecutions for homicide or assault if the victim is an unborn child from the moment of fertilization at any stage of development.
House Bill 518 (HB518), also known as the Prenatal Equal Protection Act, is sponsored by State Rep. Ernie Yarbrough (R-Trinity).
The legislation is aimed at providing “equal protection” under the law for unborn children who perish due to abortion.
In June 2022, the U.S. Supreme Court (SCOTUS) struck down Roe v. Wade, which claimed abortion was a constitutional right.
After the SCOTUS decision, Alabama's near-total ban on abortion under the Alabama Human Life Protection Act of 2019 went into effect.
Likewise, citizens voted in 2018 to ratify an amendment to the Alabama Constitution, which reads:
"[t]his state acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life;” and "[t]his state further acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate;" and that "[n]othing in [the] constitution secures or protects a right to abortion or requires the funding of an abortion."
The 2018 amendment led to nationwide drama last year after the Alabama Supreme Court ruled that frozen embryos are considered children and could qualify for a wrongful death suit in a case related to destroyed embryos in a Mobile IVF clinic.
For Yarbrough, Alabama's law, despite restricting abortions, does not grant equal protection to unborn children since it does not treat abortion as murder, nor does it have any punishment for self-managed abortions.
“[T]o fulfill this equal protection requirement, the lives of preborn individuals must be protected with the same criminal and civil laws protecting the lives of born individuals,” the bill reads.
HB518 would permit criminal prosecution for abortions in the state with several exceptions. Under the bill, prosecutions where the victim is an unborn child "must be treated the same as if the unborn child were born alive."
If charged with murder under the bill’s provisions, a person could use as their defense that they were compelled to do so by the threat of imminent death or serious physical injury. The duress argument cannot be used as a defense if someone “intentionally or recklessly” places themselves in a situation where duress is “probable.”
Exceptions would also be available in the undertaking of life-saving procedures to save the life of the mother when accompanied by reasonable steps to save the life of the unborn child. It would also apply to spontaneous miscarriage and unintentional errors on the part of medical staff.
The bill would remove the current state law that exempts women from criminal prosecution if they procure an abortion.
It would also erase current provisions in state law that exempt from the crimes of homicide or assault in the death or injury of an unborn child allegedly caused by medication or medical care or treatment provided to a pregnant woman when performed by a licensed health care provider.
“Enforcement shall be subject to the same legal principles as would apply if the victim were a person who had been born alive, including the same legal presumptions, defenses, justifications, laws of parties, immunities, and clemencies,” the bill reads. “District attorneys and the Attorney General shall have concurrent authority to prosecute criminal cases and to perform any duty that necessarily appertains to such authority.”
To connect with the author of this story or to comment, email [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning
