Over two years after most abortions were banned in Alabama, the West Alabama Women’s Center still receives at least five inquiries daily from women wanting to terminate a pregnancy.

The center’s staff must inform callers that they can no longer offer abortion services.

“When they hear `No,’ they typically respond, `Okay. Where can I go?’” said Robin Marty, the center’s executive director, in a conversation with YSL News. “And that’s when we find ourselves unable to provide any guidance.”

The center is concerned about prompting an investigation by Alabama Attorney General Steve Marshall, who has warned that he may pursue criminal conspiracy charges against organizations that assist Alabama residents in obtaining abortions out of state.

“We’ve made it clear that we will not engage in anything that could endanger our staff’s safety,” Marty noted.

A federal judge may soon determine whether Marshall has the authority for such actions, with implications that could reach nationwide.

If Marshall succeeds, it could encourage other anti-abortion states to adopt similar measures, especially since there has been a notable rise in out-of-state abortions following the Supreme Court’s decision to eliminate the constitutional right to abortion.

A setback for abortion rights advocates could further motivate them leading up to November’s elections. Abortion access has already emerged as a key topic for Vice President Kamala Harris, and the Biden administration has expressed support for those challenging Alabama’s attorney general.

This debate may ultimately escalate to the Supreme Court.

While the 2022 Supreme Court decision that overturned Roe v. Wade did not specifically address out-of-state abortions, one conservative justice did raise the issue.

In a separate opinion, Justice Brett Kavanaugh suggested that a state should not have the power to prevent its residents from traveling to another state for an abortion. “I believe the answer is no, due to the constitutional right to interstate travel,” Kavanaugh stated.

On the other hand, the attorney general of Alabama asserts that the state is not stopping women from traveling.

“It is simply a reasonable regulation concerning assistance for interstate travel,” Marshall noted in a legal document.

Is it an infringement on free speech and travel rights?

Before the state implemented its strict abortion ban, the Yellowhammer Fund provided financial and logistical support to women seeking abortions in Alabama and, when needed, in other states.

This nonprofit had prepared for the change by building relationships with clinics in states where abortion would likely remain legal. They established referral networks and case management systems in anticipation of a rise in demand and planned to increase their budget and staff, as indicated in a legal filing.

However, those plans were scrapped after the attorney general issued warnings – including in an August 2022 interview – stating that “if someone is presenting themselves as a funder of out-of-state abortions, that could lead to potential legal actions against us.”

The Yellowhammer Fund ceased to share resources and assistance for out-of-state abortions. They, along with the West Alabama Women’s Center, a local physician, and another health clinic, have filed a lawsuit against Marshall in federal court.

U.S. District Judge Myron Thompson in Montgomery may issue a ruling at any moment.

The plaintiffs argue that penalizing individuals for providing information and assistance for out-of-state abortions would infringe upon rights to free speech and interstate travel.

“If the attorney general’s attempts to target helpers receive legal backing here, it could send a strong and alarming message to anti-abortion legislators in other states, encouraging similar efforts to establish what could be considered a national ban on abortion for their constituents,” said Meagan Burrows, an attorney with the American Civil Liberties Union representing the healthcare entities challenging Marshall’s actions.

In response, Alabama’s attorney general asserts in court documents that the state’s “legitimate interest in prohibiting elective abortions and the conspiracies to obtain them cannot be achieved” if organizations can circumvent the ban “as long as they focus on out-of-state locations.”

Increase in Out-of-State Abortions

Traveling out of state for abortions has significantly increased in recent years, mainly due to abortion bans and restrictions that states implemented following the Supreme Court’s 2022 ruling that revoked the constitutional right to an abortion.

According to the Guttmacher Institute, nearly 20% of individuals seeking abortions in 2023 traveled to another state, compared to only 10% in 2020.

Patients from southern states, which have some of the most stringent laws in the nation, often have to cross several state lines for care. People in Alabama may have to travel as far as North Carolina, Virginia, or Illinois to access an abortion.

Although the West Alabama Women’s Center provides various resources on their website for pregnant individuals, including information related to abortions, they state that they can only refer callers to those resources.

“They ask us, ‘Which option should I choose?’” Marty mentioned. “And we cannot provide guidance.”

Patients have expressed a range of emotions, from confusion to anger and despair, due to the staff’s inability to give straightforward answers, Marty noted.

One woman, as relayed by a staff member, expressed her frustration by saying, “If you can’t assist me, I might as well drive my car into a tree, or pay someone to hurt me because I will not carry this baby.”

“And then she hung up,” Marty added.

Exploring New Legal Territories

The National Right to Life Committee, America’s largest anti-abortion organization, is monitoring the legal landscape but is not endorsing Alabama’s current strategy.

Ingrid Duran, who handles state legislative matters for the organization, expressed skepticism about the likelihood of Alabama succeeding in its legal case or if Marshall’s strategy is a viable method for safeguarding fetal life.

Instead, the committee is focusing on initiatives that would criminalize aiding a minor in obtaining an abortion, whether in-state or out-of-state, without parental consent.

“This focuses more on upholding parental rights,” she explained regarding laws enacted in Idaho and Tennessee.

Duran stated that the laws in both states, along with Alabama’s prosecutorial threats, are part of the anti-abortion movement’s examination of new legal boundaries following the overturning of Roe v. Wade.

“They are exploring what is acceptable,” she commented. “What measures can states take to defend unborn lives?”