Did you know that Alabama law already states that the prenatal child is a person? In section 13A-6-1, the Code of Alabama defines a “person” as: “a human being, including an unborn child in utero at any stage of development, regardless of viability.” The only reason that this definition does not stop abortion is that this law also includes an exception stating that “Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion…” This exception is actually unconstitutional, and if our legislators will simply repeal this exception, abortion would immediately become illegal in Alabama.
Earlier this year, I presented Representative Jack Williams of Jefferson County with a bill to repeal the unconstitutional abortion exception to Alabama’s homicide law. Unfortunately, Rep. Williams has not yet decided to introduce this bill in the House of Representatives. We would like for our supporters to contact Rep. Williams at 334-242-7779 and ask him if he plans to introduce a bill repealing the abortion exception to Alabama’s homicide law. Be sure to also thank him for his support of Personhood Alabama in the past.
I have copied the text of the bill below along with a list of talking points, and we would like for you send it to your own representatives and senators as well. You can find contact information for your legislators by going to http://capwiz.com/state-al/home/ and entering your address. Then, just click on the name of either your state representative or your state senator to find their contact information. Very few of our legislators realize that the abortion exception is unconstitutional, and your help in sending them a copy of the bill and talking points below will go a long way toward educating them on this very important issue.
A Bill to Repeal Paragraphs (d) and (e) of Section 13A-6-1
Prepared for Representative Jack Williams
By Bill Fortenberry
To be entitled
To repeal paragraphs (d) and (e) of section 13A-6-1 and bring Alabama into compliance with the Constitution of the United States of America.
BE IT ENACTED BY the legislature of alabama:
That paragraphs (d) and (e) of section 13A-6-1 be repealed.
- In dealing with the issue of homicide, section 13A-6-1, Code of Alabama 1975, defines a person as “a human being, including an unborn child in utero at any stage of development, regardless of viability.”
- Paragraph (d) of this section states that “Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child.”
- Paragraph (e) of that same section states that “Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal.”
- According to the majority opinion of Roe v. Wade, if unborn children are recognized as persons under the law “the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment.”
- The 14th Amendment declares that: “No State shall … deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
- Paragraphs (d) and (e) of section 13A-6-1 deprive of the right of due process and deny the equal protection of the laws to individuals which are identified as persons in this section.
- Therefore, paragraphs (d) and (e) of section 13A-6-1 are unconstitutional violations of the 14th Amendment’s guarantees of due process and equal protection which the unborn child can claim by virtue of the legal recognition of his personhood.
- This bill would eliminate the constitutional violation by repealing paragraphs (d) and (e) of section 13A-6-1.