Federal District Court Forbids Alabama Attorney General From Criminalizing Helping People Cross State Lines for Legal Abortion

Court Finds in Favor of Abortion Fund; Fund Sued AG After He Threatened Criminal Prosecution for Helping Abortion Seekers Leave the State

03.31.25 – (PRESS RELEASE) Today a federal district court granted an abortion fund’s request for summary judgement in their lawsuit against the Alabama Attorney General, thereby ensuring abortion helpers will not face criminal prosecution for supporting pregnant Alabamians who are forced to leave their home state and often travel hundreds of miles to access legal abortion care.

“Today is a good day for pregnant Alabamians who need lawful out-of-state abortion care,” Jenice Fountain, Executive Director of Yellowhammer Fund said. “The efforts of Alabama’s attorney general to isolate pregnant people from their communities and support systems has failed.”

Yellowhammer Fund—an Alabama abortion fund—alleged that the Attorney General’s threats of prosecution were preventing it from providing support to pregnant Alabamians who seek legal care across state lines and therefore sued the Attorney General in July 2023.  Yellowhammer Fund is represented by Lawyering Project and Southern Poverty Law Center. Attorney General Steve Marshall moved to dismiss the lawsuit in August 2023, but the same court rejected that request in May 2024.

Today’s ruling affirms that government entities can no more criminalize supporting travel across state lines than it can criminalize travel itself, noting “if a State cannot outright prohibit the plaintiffs’ clients from traveling to receive lawful out-of-state abortions, it cannot accomplish the same end indirectly by prosecuting those who assist them.” 

Last year, the court consolidated Yellowhammer’s lawsuit with a similar lawsuit filed by healthcare providers in Alabama.  The providers are represented by the American Civil Liberties Union (ACLU).

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