A federal judge has ruled that Alabama cannot prosecute individuals or organizations that assist residents in traveling out of state for abortions, marking a significant legal pushback against efforts to restrict reproductive rights beyond state lines.
The decision, issued by U.S. District Judge Myron Thompson, reinforces the constitutional right to travel and safeguards free speech protections under the First Amendment. The ruling came in response to a lawsuit filed by the West Alabama Women’s Center, physician Yashica Robinson, and the Yellowhammer Fund, an organization that helps people afford abortion care.
Alabama Attorney General Steve Marshall had previously suggested that those assisting residents in obtaining abortions outside the state could face prosecution as criminal accomplices. However, Thompson dismissed this argument, highlighting the broader implications of such legal overreach. He pointed out that, by the same logic, Alabama could prosecute residents for planning trips to casinos in Las Vegas, where gambling is legal but outlawed in Alabama.
This ruling comes in the wake of the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, which allowed states to ban abortion. In response, some state officials and lawmakers have explored ways to penalize those aiding abortion access across state lines.
The issue is already under scrutiny in other states. A federal appeals court recently upheld most provisions of an Idaho law restricting minors from traveling for abortions without parental consent, though it struck down restrictions on discussing such options under free speech protections. Additionally, some local governments in Texas have attempted to impose restrictions on out-of-state abortion travel, though legal challenges are expected.
While this ruling is a victory for reproductive rights advocates, the question of whether states can criminalize assistance for abortion travel may ultimately be decided by the U.S. Supreme Court.
