The Alabama Human Life Protection Act, a controversial bill that criminalizes abortion and attempted abortion, was enacted on May 15th, 2019. This act categorizes abortion as homicide and a Class A felony while attempted abortion is now considered a Class C felony. Section 2 letter I, compare the casualties of the Holocaust, the Soviet Regime, and the Rwandan genocide to the estimated “50 million babies… aborted in the United States since Roe v. Wade passed in 1973.” The legislation also defines an unborn child, child, or person as “a human being, specifically including an unborn child in utero at any stage of development, regardless of viability.” It also defines a woman as “a female human being, whether or not she has reached the age of maturity”, (House Bill 314, section 3). One of the most problematic aspects of the bill includes the lack of exception for abortions in the case of impregnation through rape or incest. The passing of the law has resulted in backlash along with praise from those who agree with the legislation.
Not only is this bill incredibly heinous for its lack of empathy but for its lack of inclusion. HB 314 denies any person that is able to get pregnant the choice to terminate that pregnancy, but specifically protects women or “female” people from criminal charges if the mother’s life is at risk. While it is possible for any person of any gender to receive an abortion, this rhetoric does not allow the same protections for trans and non-binary folk, only cis-gender women. Ericka Hart, a queer Black femme, activist, and an accomplished teacher of sex education discusses the dangers that go beyond the bill itself. She states, “One day, people are sharing about abortion being a “women’s issue” – intentionally leaving out trans people and the next day, they are sharing about the death of Black trans women. If the only time you talk about trans existence is when we are gone, you aren’t helping”. Ericka’s studies and work focus on the systemic and historical events that allow for White supremacist, sexist, transphobic and homophobic bills to pass.
This bill will have a significant impact on poor minorities specifically when Black maternal death is a profound and prevalent issue, and currently at an all-time high. There is little to no access to contraception and proper sex education for the impoverished. While the wealthy and middle class can afford birth control, condoms and emergency contraceptives these products are not accessible to people without sufficient income or insurance. When rhetoric like “pro-life” is used it demonizes people who get abortions by implying that they are anti-life or pro-murder. The use of this language creates stigma for people who have already had abortions as well as those in need of an abortion. This stigma leads to shame and isolation which can end in lethal circumstances. To take away the right to a sterile and proper abortion puts countless lives at risk and puts immense financial stress on families. Prioritizing a life that has not yet begun over a life that has current meaningful existence and relationships is hypocritical. The right using the term “pro-life” is a manipulation tactic born out of the desperate need to maintain power and control.
The abortion ban in Alabama brings attention to a lot of systemic issues that plague many government bodies and society as a whole. It is important for the public to be educated correctly on whom these bills affect the most. Unfortunately, the attention tends to gravitate towards the most privileged and powerful leading to the silencing and erasure of marginalized voices. This ban will have negative effects on many and in some cases lead to life-threatening or lethal circumstances. In times like this, it is vital to prioritize those who face immediate danger in the rise of this ban. Audre Lorde, a Black, lesbian, poet, and educator stated, “The master’s tool will never dismantle the master’s house.” This quote remains relevant and impactful in the present. It can help to explain how powerful structures have maintained control and are able to pass an oppressive and dangerous bill like HB 314. If radical and revolutionary means are not taken society cannot progress and the marginalized will continue to suffer at the expense of our collective silence.
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Similar Read: Legal Attack on Women’s Rights to Choose (How Did We Get Here?)