Abortion Laws by State: A Guide to Where Abortion Has (and Hasn’t) Been Banned – NewzBeta


Republican lawmakers have already taken steps to enshrine an anti-abortion amendment in the state constitution, though Iowans won’t have the opportunity to vote on this amendment until 2024. Meanwhile, governor Kim Reynolds has motioned to revive a 2018 law banning abortions after six weeks of pregnancy with exceptions for medical emergencies, fetal abnormalities, rape, and incest. Litigation is ongoing.

Kansas: Legal

Abortion is legal and protected until the 22-week mark in Kansas.

In August, Kansans voted “no” on a proposed amendment that would’ve removed the right to abortion from the state constitution. However, lawmakers could attempt another amendment in the future. And upcoming elections could change the political makeup of the state’s highest court, potentially leaving the right to abortion vulnerable to attack.

Kentucky: Banned

In Kentucky, a total abortion ban with no exceptions for rape and incest is in effect.

Louisiana: Banned

In Louisiana, a total abortion ban with no exceptions for rape and incest is in effect.

Maine: Legal

Abortion access is legal and protected until fetal viability in Maine. The governor has signed an executive order shielding abortion seekers and providers from laws in other states.

Maryland: Legal

Abortion access is legal and protected until fetal viability in Maryland. A new state law, passed in July, requires the governor to set aside $3.5 million each year for abortion care training. But the funding won’t become available until July of next year.

Massachusetts: Legal

Abortion is legal and protected until the 24-weeks of pregnancy—measured from the first day of the pregnant person’s last menstrual period—in Massachusetts. A new state law, enacted in July, has further secured and expanded abortion access amid the fall of Roe. The law also shields abortion patients and providers from bans in other states.

Michigan: Pending

Abortion is legal until fetal viability in Michigan, though legal challenges likely lay ahead. For now, an abortion ban has been struck down in court and governor Gretchen Whitmer has signed an executive order shielding abortion seekers and providers from restrictive laws in other states. In November, abortion will be a ballot box issue in Michigan as voters decide whether to enshrine the right to abortion in the state constitution.

Minnesota: Legal

Abortion access is legal and protected until fetal viability in Minnesota. The governor has issued an executive order shielding abortion seekers and providers from laws in other states.

Mississippi: Banned

Abortion is banned in Mississippi with exceptions to save the life of the mother and in the event of rape so long as it has been reported to law enforcement.

Missouri: Banned

In Missouri, a total abortion ban with no exceptions for rape and incest is in effect. The ban permits abortion to save the life of the mother and in the event of medical emergency, but it’s unclear how those exceptions will be applied in practice.

Montana: Legal

Abortion is legal and protected until viability in Montana. Attempts to pass anti-abortion legislation, including a 20-week ban, have been blocked.

Nebraska: Legal

In Nebraska, abortion is legal until 20 weeks post-fertilization, although attempts to further restrict access likely lay ahead. In August, governor Pete Ricketts was unable to garner enough votes to pass a 12-week ban.

Nevada: Legal

In Nevada, abortion is legal until 24 weeks post-fertilization. In June, governor Steve Sisolak issued an executive order shielding abortion seekers and providers from laws in other states. The governor has since announced his intent to codify this order in state law, should he win reelection.

New Hampshire: Legal

Abortion is legal until 24 weeks of pregnancy—measured from the first day of the pregnant person’s last menstrual period—but the right to abortion is not protected by state law in New Hampshire.

New Jersey: Legal

Abortion access is legal and protected at all stages of pregnancy in New Jersey. In July, governor Phil Murphy signed legislation that extends legal protection to anyone who travels from another state to receive abortion care in New Jersey.

New Mexico: Legal

Abortion is legal at all stages of pregnancy, but not protected by state law in New Mexico. In June, governor Michelle Lujan Grisham signed an executive order shielding abortion seekers and providers from laws in other states. Grisham has since pledged $10 million to build a new abortion clinic near the Texas border in anticipation of increased interstate travel to receive abortion care.

New York: Legal

Abortion is legal and protected until 24 weeks post-fertilization in New York. A movement to enshrine the right to abortion in the state constitution is underway.

North Carolina: Legal

Abortion is legal until 20 weeks of pregnancy in North Carolina. Republican lawmakers will likely attempt to further curtail abortion access in the state, but those restrictions are unlikely to pass into law under Democratic governor Roy Cooper.

North Dakota: Pending

For now, abortion is legal until 20 weeks post-fertilization in North Dakota. A near-total abortion ban has been temporarily blocked in court, but litigation is ongoing.

Ohio: Pending

For now, abortion is legal until 20 weeks post-fertilization in Ohio. A near-total abortion ban outlawing the procedure after six weeks of pregnancy has been temporarily blocked in court, but litigation is ongoing.

Oklahoma: Banned

Abortion is illegal from the moment of conception in Oklahoma. The state’s total abortion ban also empowers private citizens to sue anyone who provides, aids, or abets abortion care.

Oregon: Legal

Abortion at any stage of pregnancy is legal and protected in Oregon. In anticipation of Roe’s demise, the state legislature allocated $15 million to expand access and support patients (including out-of-state patients) with the financial and logistical burden of securing abortion care.

Pennsylvania: Legal

Abortion is legal until 24 weeks of pregnancy, but not protected by state law in Pennsylvania.


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