MONTGOMERY — Several state legislatures are passing laws to test Roe v. Wade, but Alabama probably won’t join them.Legislators said Tuesday that a bill similar to one passed in South Dakota – which criminalizes abortion in all cases except when the mother’s life is threatened –probably would make it through both houses of the Alabama legislature.
“It would, but we are almost halfway done,” said Sen. Gerald Dial, D-Lineville. “There’s a strong consensus from all of us to get out early.”
The South Dakota bill is designed to test the Supreme Court’s stance on Roe v. Wade, the 1973 Supreme Court decision that legalized abortion in the first trimester of pregnancy. Some pro-life organizations believe the appointment of Supreme Court Chief Justice John Roberts and Associate Justice Samuel Alito has created an opportunity to overturn Roe v. Wade.
Other states are following South Dakota’s lead, but Alabama may be too late to jump on the bandwagon. The legislature already has gone through 18 of its 30 scheduled legislative days, and legislators say the Education Trust Fund and General Fund budgets will occupy most of the remaining time.
A bill that would outlaw abortions in all cases except where the mother’s life is at risk was introduced Thursday by Sen. Hank Erwin, R-Montevallo. The bill would make performing an abortion a Class B felony.
“I think we need to make a statement that Alabama is a pro-life state with family values that appreciate the unborn child, and with a new Supreme Court, we see new chances (to overturn Roe v. Wade),” Erwin said.
The bill has been referred to the Senate Judiciary Committee, where Democrats hold a 10-3 majority. John Giles, president of the Christian Coalition of Alabama, calls it “the death row of pro-life legislation.”
Planned Parenthood of Alabama condemned Irwin’s bill.
“Alabama’s proposed abortion ban is the height of hypocrisy,” said Larry Rodick, president and chief executive officer of Planned Parenthood of Alabama. “On the one hand, politicians want to ban abortion. On the other hand, they cut off women from services that would prevent unwanted pregnancies.”
House Minority Leader Mike Hubbard, R-Auburn, said House Republicans also are drafting a bill that would be similar to the South Dakota law, and are looking for a sponsor. The matter will be discussed in a party caucus today. But Hubbard did not think the bill could be passed this year.
“It is late in the session,” he said. “Looking at it realistically, the chances are not good.”
Giles said several House members are “chomping at the bit” to introduce legislation similar to Erwin’s. Giles would not name the members. But the Coalition, he said, is concerned about timing – specifically, to see whether 86-year-old Supreme Court Justice John Paul Stevens, who supports abortion rights, will announce his retirement.
“That’s really at the top of the list,” Giles said. “It’s an election year, and we’ve had many discussions on timing and whether we should do this.”
Other pro-life groups around the country have questioned the timing of the South Dakota law, fearing that the Supreme Court could affirm Roe v. Wade and consequently strike down other abortion restrictions, like parental notification laws.
Erwin himself has doubts about his legislation passing.
“I think it’s a long shot is this particular session,” he said. “One, we’re in the backside of the session, and two, the (Senate) Judiciary is a tough committee.”
Alabama’s abortion laws ban partial birth abortion, require fetal viability tests in certain cases and require a parent to be notified if a teenager has an abortion. But an extension of abortion restrictions, if they made the floor of either house, would probably run into a sharp filibuster from the legislature’s black caucus.
Other legislatures, including Ohio, Tennessee and Missouri, are considering legislation that would place stronger restrictions on abortion. Mississippi’s House passed a bill last Thursday that would make abortion a crime in all cases except rape, incest and when the life of the mother is jeopardized. The bill originally did not have the rape or incest exceptions, but an amendment including those passed the state House by a 62-56 vote.
Both Dial and Rep. Randy Wood, R-Anniston, add that legislators want to adjourn early this year to begin campaigning for November.
“It’s probably too late now,” Wood said. “It’s my understanding we want to get out by the end of March. But a bill like that would drum up some steam here.”
