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No, Alabama's 'Human Life Protection Act' is not in effect

'The Human Life Protection Act' (HB 314) was passed in 2019.

MONTGOMERY, Ala. — All eyes are on Texas after the U.S. Supreme Court votes denied an emergency appeal to block an anti-abortion bill.

So, what does this mean for us in Alabama? Alabama's Human Life Protection Act, a law that bans abortions, was enacted in 2019. In light of what's happened in Texas, let's take a look at its impact in Alabama.

THE QUESTION:

Are abortion bans in effect here in Alabama, and how do Alabama abortion laws compare to Texas?

THE SOURCES:

American Civil Liberties Union of Alabama 

Office of Governor Kay Ivey

Texas Legislature

THE ANSWER:

We can verify, that no, Alabama's Human Life Protection Act is not in effect because of a preliminary injunction and it is significantly different - and more restrictive- than the Texas law.

WHAT WE FOUND:

"We don't have a final decision in the case of the 2019 abortion ban here in Alabama, but everyone is able to go have an abortion as if the law has never been passed," said Kaitlin Welborn, Reproductive Rights Staff Attorney American Civil Liberties Union of Alabama, Inc. 

Welborn says there are some differences in the laws.

"They do differ in several key ways. Alabama's abortion ban is a total abortion ban. It doesn't take into account any stage of pregnancy. So there is no six weeks of pregnancy which by the way is really only about two weeks after most people find out they're pregnant because the six weeks is dated from the first date of your last date of your last menstrual period."

There are also very few exceptions.

"They don't have the sort of typical, three big exceptions. There's life or health of the pregnant person, or rape, and incest, and they do not have acceptions for rape or incest in either state," added Welborn.

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