Court Rules Alabama Law Putting Minors Seeking an Abortion on Trial is Unconstitutional
The Eleventh Circuit Affirms Lower Court Decision Blocking Law that Burdened Minorsā Access to Abortion
MONTGOMERY, Ala. - The Eleventh Circuit Court of Appeals today affirmed a district court decision that an Alabama law, which would have put a minor seeking abortion on trial, is unconstitutional.
Under Alabama law, minors must have parental consent for an abortion, but they can apply for judicial bypass if necessary. The law at issue in this case would have transformed Alabamaās judicial bypass process into an intimidating and burdensome trial in which the minor could be cross-examined by a district attorney and a lawyer appointed to represent the embryo or fetus. These oppressive provisions go far beyond any other parental consent law in the country, and would fall most heavily on minors who are at risk for abuse and cannot safely obtain a parentās consent.
āWe are thrilled that the Eleventh Circuitās ruling ensures that this outrageous law will stay off the books,ā said Andrew Beck, senior staff attorney at the Ķųŗģ±¬ĮĻ Reproductive Freedom Project. āThis law, which would have put a young person on trial for seeking an abortion, shows just how far anti-abortion politicians are willing to go to stand in the way of abortion access. Todayās ruling is key to protecting young peopleās access to abortion in Alabama.ā
The court recognized that putting young people on trial for seeking an abortion, where they would be subject to cross-examination by a district attorney and a lawyer representing the fetus, can ācreate fear and anxiety for a minor,ā resulting in ātrauma.ā As a result, āthe Act constitutes an undue burden because it places a substantial obstacle on a large fraction of unemancipated minors who seek to obtain a court order authorizing an abortion without the consent of their parent or guardian.ā
This is just one of several laws the Ķųŗģ±¬ĮĻ has successfully challenged in the state in recent years, each of which would have eroded or eliminated abortion access. Alabama politicians, like their counterparts across the country, have targeted abortion access with unconstitutional abortion bans and laws that would have forced clinics across the state to close.
āMost young people who need an abortion turn to their parents, but unfortunately we know them some canāt do so safely,ā Tish Gotell Faulks, Ķųŗģ±¬ĮĻ of Alabama legal director. āThose that canāt must have an alternative that enables them to get the care they need without subjecting them to cross-examination by a district attorney and jeopardizing their confidentiality. We are pleased that as a result of todayās decision that daunting prospect is off the table.ā
The decision is here: /legal-document/reproductive-health-services-v-marsh...