MONTGOMERY — A group of health care and former abortion providers in Alabama have filed a federal lawsuit to prevent Attorney General Steve Marshall and district attorneys in the state from prosecuting those who assist women seeking to travel across state lines for abortions.

The lawsuit, West Alabama Women’s Center, et al. v. Marshall, et al., was filed in the U.S. District Court for the Middle District of Alabama in Montgomery July 31 by the American Civil Liberties Union and the ACLU of Alabama on behalf of West Alabama Women’s Center and Alabama Women’s Center.

“My patients trust me to care for them and provide the necessary information, counseling and recommendations for them to make informed decisions for themselves during pregnancy, including sharing where and how they can legally access abortion out of state, if they so choose,” said Dr. Yashica Robinson, medical director of Alabama Women’s Center. “Tragically, banning abortion in Alabama seems to not have been enough, and those in power want to muzzle providers like me to prevent us from sharing information with our pregnant patients about the options they have, including abortion care in states where it is legal, and supporting our patients in accessing that care.”

Upon the U.S. Supreme Court’s June 2022 decision to overturn federal abortion protections in Roe v. Wade, Alabama’s law making it illegal to perform or attempt to perform an abortion in the state went into effect.

Abortions are only allowed in the case of a serious health risk to the mother or child. The state has no exceptions for abortion sought due to rape or incest.

A spokesman for Marshall’s office in August 2022 said the state’s abortion law, the Human Life Protection Act, “does not target women seeking abortions” as it pertains to women leaving the state to get an abortion.

“It focuses on those who facilitate or conduct illegal abortions,” former spokesman Mike Lewis said in 2022.

In a statement to CNHI in response to the recent ACLU lawsuit, Marshall’s office stated: “Attorney General Marshall will continue to vigorously enforce Alabama laws protecting unborn life which include the Human Life Protection Act. That includes abortion providers conspiring to violate the Act.”

Health care providers in the lawsuit argue that calls to their facilities for assistance in abortion care have continued in light of the abortion ban; however, they’ve been forced to stop providing critical information, counseling and support to Alabamians who seek to to leave the state seeking abortion services that are legal in states outside of Alabama.

A similar suit was filed July 31 in the U.S. District Court for the Middle District of Alabama on behalf of Yellowhammer Fund, a nonprofit that has been unable to provide funding and practical support to pregnant Alabamians seeking out-of-state abortion care due to the threat of criminal prosecution.

While it appears no person or group has been charged in violation of the Human Life Protection Act, the federal lawsuit makes reference to several public comments made by Marshall in the aftermath of the law taking affect last year.

In part, it references an Aug. 11, 2022, interview Marshall did as a guest on internet radio show, The Jeff Poor Show.

The host, Jeff Poor, inquired about potential criminal liability of someone assisting a woman crossing state lines to get an abortion.

“Provisions relating to accessory liability, provisions relating to conspiracy, would have applicability involving this particular act that was passed by the legislature,” Marshall said during that interview. “So, for example, if someone was promoting themselves out as a funder of abortion out of state, then that is potentially criminally actionable for us.

“And, there’s nothing about that law that restricts any individual from driving across state lines and seeking an abortion in another place. However, I would say that if an individual held themselves out as an entity or a group that is using funds that they are able to raise to be able to facilitate those visits, then that’ s something that we’re going to look at closely.”

Health care providers argue in the lawsuits that the state’s intent to prosecute those who aid in abortion access significantly delays accessing needed abortion care they need, and could have could have deadly consequences for Alabamians “who are residing in a state that has the third highest maternal mortality rate in the nation, and particularly for Black women, who make up a disproportionate share of maternal deaths due to systemic racism.”

Abortion access in surrounding states is also limited, as total abortion bans are in affect in most Southern states. However, abortions are allowed up to six weeks in Georgia and exceptions are allowed in cases of medical emergencies, rape or incest.

More than 40 states prohibit abortions after a specified point in pregnancy, with some exceptions. Oregon is listed by the Guttmacher Institute as the most protective state for abortion access, while California, Maine, New Jersey, New Mexico, New York, and Vermont are listed by the Guttmacher Institute as states with “very protective” abortion policies.