Marilyn Lands, a Democrat who made reproductive rights a central part of her campaign, won a special Alabama state House seat election. Her victory serves as another data point for national Democrats, who hope the backlash over strict state abortion laws following the overturning of Roe v. Wade and concerns about in vitro fertilization treatments will help their party, even in traditionally Republican areas.
A mental health counselor, Lands made reproductive rights central to her campaign. She’s spoken openly about her abortion when her pregnancy was nonviable. And she ran advertisements on reproductive health care, like contraception and in vitro fertilization, being threatened in the state.
Also, she did that after an Alabama Supreme Court ruling equated frozen embryos to children, causing major IVF providers in the state to pause fertility treatments. “Today, Alabama women and families sent a clear message that will be heard in Montgomery and across the nation,” Lands said in a statement after her victory.
“Our legislature must repeal Alabama’s no-exceptions abortion ban, fully restore access to IVF, and protect the right to contraception.”
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Warning Gesture
The Biden campaign heralded Lands’ victory as a “warning sign” for former President Donald Trump and “extreme MAGA Republicans.” “Alabama voters know exactly who’s to blame for restricting their ability to decide how and when to build their families,” Biden-Harris campaign manager Julie Chavez Rodriguez said in a statement. “They’re ready to fight back.”
Lands said her win sends “a clear message” to Montgomery. “Our legislature must repeal Alabama’s no-exceptions abortion ban and fully restore access to IVF,” she said. “Also, it must protect the right to contraception.”
The special election will not change the balance of power in Alabama, where Republicans hold super majorities in both legislative chambers and control the governor’s office. But Democrats touted the win in a red state and what that could mean for November.
“Tonight’s victory is a political earthquake in Alabama,” Democrats noted. “This is the heart of Republican territory and ground zero for the most egregious attacks on our fundamental freedoms.”
Reactions to the Win
Heather Williams, the president of the Democratic Legislative Campaign Committee, commented on the win in a statement. Williams called it a “harbinger of things to come” ahead of the general election.
Lands, a licensed professional counselor, lost her 2022 bid for the Huntsville-area seat by nearly 7 points. She opposes the state’s near-total ban on abortion and openly discussed the abortion she had more than 20 years ago after her fetus tested positive for a rare genetic condition.
Her opponent, Republican Teddy Powell, a two-term Madison City councilman, avoided discussing abortion rights. Instead, he focused his campaign on economic development, infrastructure, and education funding.
Powell described himself as “pro-life” but said he might be open to considering legislation to add exceptions for rape and incest to Alabama’s abortion ban. The seat opened up after Republican state Rep. David Cole resigned last year. Cole pleaded guilty to committing election fraud by voting in the district he represented despite not living there.
Alabama became one of about a dozen states to prohibit abortion, with few exceptions. Its trigger law went into effect after the U.S. Supreme Court eliminated federal abortion protections in 2022.
Frozen Embryos Are Considered Children
The Alabama Supreme Court ruled that frozen embryos are considered children. Hence, IVF clinics are liable for wrongful death lawsuits if embryos are destroyed. Several Alabama providers paused some IVF services in the wake of the ruling.
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Though Alabama politicians quickly enacted legislation to shield patients and clinics from criminal and civil liability, Democrats and abortion rights advocates said the court decision grew out of anti-abortion policies, including laws that say life begins at conception.
Former U.S. Sen. Doug Jones, the last Democrat to hold statewide office in Alabama, said Lands’ victory was partly fueled by frustration with extremist policies put in place by the state GOP.
“They’re going too far. You talk about an activist government,” Jones said. “This is a government in Alabama that wants to encroach on every aspect of people’s lives.” He said Lands’ victory could be a positive sign for Democrats in future Alabama races, but he cautioned against overreaching on what it represents.
Notably, Jones defeated Republican Roy Moore in a 2017 special election but lost to current U.S. Sen. Tommy Tuberville in 2020.
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